Amushelelo civil application a criminal court matter - PG
Laws under constitutional spotlight
The civil trial in which Michael Amushelelo and Gregory Cloete challenge sections of the Banking Institutions Act and the Criminal Procedure Act continues.
The State alleges that a civil application brought by Michael Amushelelo and Gregory Cloete against Prosecutor General (PG) Martha Imalwa has been mishandled.
Amushelelo is seeking to have a portion of the Banking Institutions Act and the Criminal Procedure Act declared unlawful. However, the PG's representative, Nixon Marcus, argues that their complaints regarding the admissibility of evidence in their criminal trial should be handled by a criminal court.
"It strikes one as extraordinary that a civil court is being asked to decide on the admissibility of evidence in the applicants' criminal trial. This is, of course, wrong and cannot be tolerated on principle," Marcus told the Deputy Chief Judge of the High Court, Ezer Hosea Tala Angula.
Law unconstitutional
Amushelelo and Cloete contend that a section of the Criminal Procedure Act, which grants police officers the right to compel witnesses to testify, is unconstitutional, as is a portion of the Banking Institutions Act, which grants the police the power to access an accused person's bank records and other financial information for a criminal investigation.
Kadhila Amoomo, on behalf of Amushelelo and Cloete, argued that these sections of the law do not provide for the accused to be notified when their information is shared with the police, and the accused are not given the opportunity to defend themselves.
They also contend that the reasons for police officers to access an accused person's financial information are not properly outlined in the relevant laws.
Evidence seized
The application comes after police officers obtained their financial records in connection with charges of fraud, money laundering, robbery, illegal banking transactions, operating a Ponzi scheme, and tax evasion.
The PG told the court that a decision on the constitutionality of evidence in the two accused individuals' criminal trial is not the end of the matter. She also argued that a criminal court should decide on the admissibility of evidence, and this decision should be based on the merits of the evidence.
The trial has been postponed until 23 November.
– [email protected]
Amushelelo is seeking to have a portion of the Banking Institutions Act and the Criminal Procedure Act declared unlawful. However, the PG's representative, Nixon Marcus, argues that their complaints regarding the admissibility of evidence in their criminal trial should be handled by a criminal court.
"It strikes one as extraordinary that a civil court is being asked to decide on the admissibility of evidence in the applicants' criminal trial. This is, of course, wrong and cannot be tolerated on principle," Marcus told the Deputy Chief Judge of the High Court, Ezer Hosea Tala Angula.
Law unconstitutional
Amushelelo and Cloete contend that a section of the Criminal Procedure Act, which grants police officers the right to compel witnesses to testify, is unconstitutional, as is a portion of the Banking Institutions Act, which grants the police the power to access an accused person's bank records and other financial information for a criminal investigation.
Kadhila Amoomo, on behalf of Amushelelo and Cloete, argued that these sections of the law do not provide for the accused to be notified when their information is shared with the police, and the accused are not given the opportunity to defend themselves.
They also contend that the reasons for police officers to access an accused person's financial information are not properly outlined in the relevant laws.
Evidence seized
The application comes after police officers obtained their financial records in connection with charges of fraud, money laundering, robbery, illegal banking transactions, operating a Ponzi scheme, and tax evasion.
The PG told the court that a decision on the constitutionality of evidence in the two accused individuals' criminal trial is not the end of the matter. She also argued that a criminal court should decide on the admissibility of evidence, and this decision should be based on the merits of the evidence.
The trial has been postponed until 23 November.
– [email protected]
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