Скачать или смотреть SHANGHALA SEEKS JUDGE’S RECUSE IN FISHROT TRIAL - nbc

Fishrot accused Sacky Shanghala has asked the trial judge in the Fishrot corruption case to step aside in a recusal application that was heard today.

Shanghala argued that Marelize du Plessis lacks the experience to preside over the matter and that comments made in earlier rulings created a perception of bias against the defence.

The former justice minister told Judge Du Plessis that she had not spent a single day as a judge before her appointment and, therefore, does not have the experience required to handle the case.

He said his recusal application is based on statements made by the judge last year and repeated in a later judgement dealing with applications filed by the accused in the case.

In that ruling, du Plessis described several applications by the accused as delay tactics.

Shanghala argued that this shows the court has already formed a view about the defence.

The recusal application is opposed by the State and by Shanghala's co-accused Ricardo Gustavo.

Gustavo's lawyer, Ileni Gebhardt, told the court that Shanghala's arguments to remove the judge are misplaced.

She said Shanghala is abusing the legal process and has decided that the trial will only start when he decides that it will start.

Gebhardt also told the court that the accused persons are targeting female judges and said that the bullying of female judges cannot be allowed.

State advocate Clive Litubezi also opposed the recusal application.

During the proceedings, defence lawyer Joas Neemwatya raised concerns about consultations between lawyers and their clients at the Windhoek Correctional Facility.

Neemwatya told the court that consultations with his client are compromised because CCTV cameras are installed in consultation rooms where legal discussions take place.

He said the cameras raise concerns about the confidentiality of consultations between lawyers and their clients.

Neemwatya also alleged that lawyers and witnesses have been sending people to him because they want certain matters to be filtered during the trial.

Judge du Plessis advised Neemwatya to formalise his allegations before the court.

Judgement on the recusal application will be delivered on 23 March.