Former attorney general and justice minister Sacky Shanghala says he and three other accused in the Fishrot case should have a separate trial because they are currently without legal representation.
Shanghala argued in the High Court at Windhoek Correctional Facility yesterday that the Fishrot fraud, corruption and racketeering case should be split into two trials, to give him, James Hatuikulipi, Ricardo Gustavo and Pius Mwatelulo more time to try to obtain legal representation.
Shanghala, Hatuikulipi, Gustavo and Mwatelulo, who are charged with six co-accused and two companies, 12 close corporations and four trusts represented by the accused in connection with the alleged corrupt use of fishing quotas in Namibia, do not have legal representation at this stage.
They have attributed this to an inability to pay defence lawyers for their services, because their assets have since November 2020 been removed from their control under a property restraint order in terms of the Prevention of Organised Crime Act.
Addressing acting judge Moses Chinhengo yesterday, Shanghala said he has not applied for funds to be released from his assets under the property restraint order so that he can pay for legal representation in his criminal case.
He has also not applied for state-funded legal aid, because he knows he will not qualify for it due to his financial situation, Shanghala said.
He told the judge he has asked the government to carry the costs of his legal representation during his trial, but that request has been turned down, he said.
Chinhengo has pointed out in previous rulings that he delivered during this year that accused persons in a criminal case can ask the High Court to order the government to provide state-funded legal aid to them.
Asked by Chinhengo why he did not take that approach to getting legal representation, Shanghala said, in his view he first has to exhaust other options before he would be able to apply for a court order that would compel the government to provide legal aid to him.
He also said, however, that he could not think that a court would refuse to grant legal aid to him after he has exhausted other options to raise funds to pay for defence lawyers’ services during his trial.
“This case is so complex that I require legal representation,” Shanghala said.
He would not receive a fair trial if he has to stand trial without legal representation, Shanghala also said.
He added: “To continue with this trial without legal representation would amount to a great miscarriage of justice.”
Shanghala denied that the application for a separation of trials is an attempt to delay his trial.
On behalf of the state, deputy prosecutor general Ed Marondedze argued that Shanghala, Hatuikulipi, Gustavo and Mwatelulo have been given a reasonable opportunity to secure legal representation, but have over the past year not used the time to get their defence lawyers in place.
The court is well equipped to assist an unrepresented accused and ensure the trial is conducted in accordance with the Constitution, even if some of the accused are not represented by defence lawyers, Marondedze argued.
Chinhengo postponed the delivery of his decision on the application for a separation of trials to next Tuesday.
The judge also ruled yesterday that proceedings in the trial should continue while an application in which Shanghala, Hatuikulipi, Mwatelulo and Gustavo are claiming his appointment as an acting judge in Namibia did not comply with the Constitution is pending before another judge of the High Court.
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