Esau, Gustavo gun for Judge Miller
Two Fishrot accused have submitted an application seeking leave to appeal Judge Kobus Miller's decision not to withdraw from the case.
Former fisheries minister Bernhardt Esau and former Investec manager Ricardo Gustavo applied for Miller to withdraw from the Fishrot case - in which all the accused will appear before one judge - but this was rejected.
Miller has handled cases involving Esau and Gustavo in the past and the two claim he will be biased if he remains the judge in the matter.
Gustavo's legal representative Trevor Brockerhoff argued during court proceedings yesterday that another court might come to a different decision. They hope to obtain leave to appeal so that the Supreme Court can hear them on this issue.
"The [judge] has already made findings based on evidence and found that the state has a prima facie case against the applicants [Esau and Gustavo], and the trial has not even started.
"We argue that [Miller] cannot be impartial after such findings have already been made," Brockerhoff said.
He also believes that if Miller were to remain as judge, it would infringe on the applicants' right to a fair trial.
Miller will rule on the appeal on 29 July.
Judge president-appointed
After the merger of Fishrot and Namgomar cases in 2020, all 10 accused will appear before one judge. The case has already appeared before several judges.
Some withdrew themselves due to conflict of interest and this constant withdrawal of judges caused delays.
The judge-president then appointed Miller to hear the case. After the appointment, Brockerhoff indicated that they would appeal that decision.
10 accused
Gustavo is currently the only one of the 10 accused released on bail.
Six of his co-accused - Mike Nghipunya, James Hatuikulipi, Sacky Shanghala, Otneel Shuudifonya, Pius Mwatelulo and Phillipus Mwapopi - had their bail applications rejected.
Judgment on their application for leave to appeal against the Supreme Court's ruling will be delivered this week.
Tamson ‘Fitty’ Hatuikulipi is currently applying for bail for the second time based on new facts, and the hearing - which began last week - will resume on 23 August.
Esau is in custody, while co-accused Marén de Klerk is allegedly in South Africa. An extradition order has been issued for him.
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Former fisheries minister Bernhardt Esau and former Investec manager Ricardo Gustavo applied for Miller to withdraw from the Fishrot case - in which all the accused will appear before one judge - but this was rejected.
Miller has handled cases involving Esau and Gustavo in the past and the two claim he will be biased if he remains the judge in the matter.
Gustavo's legal representative Trevor Brockerhoff argued during court proceedings yesterday that another court might come to a different decision. They hope to obtain leave to appeal so that the Supreme Court can hear them on this issue.
"The [judge] has already made findings based on evidence and found that the state has a prima facie case against the applicants [Esau and Gustavo], and the trial has not even started.
"We argue that [Miller] cannot be impartial after such findings have already been made," Brockerhoff said.
He also believes that if Miller were to remain as judge, it would infringe on the applicants' right to a fair trial.
Miller will rule on the appeal on 29 July.
Judge president-appointed
After the merger of Fishrot and Namgomar cases in 2020, all 10 accused will appear before one judge. The case has already appeared before several judges.
Some withdrew themselves due to conflict of interest and this constant withdrawal of judges caused delays.
The judge-president then appointed Miller to hear the case. After the appointment, Brockerhoff indicated that they would appeal that decision.
10 accused
Gustavo is currently the only one of the 10 accused released on bail.
Six of his co-accused - Mike Nghipunya, James Hatuikulipi, Sacky Shanghala, Otneel Shuudifonya, Pius Mwatelulo and Phillipus Mwapopi - had their bail applications rejected.
Judgment on their application for leave to appeal against the Supreme Court's ruling will be delivered this week.
Tamson ‘Fitty’ Hatuikulipi is currently applying for bail for the second time based on new facts, and the hearing - which began last week - will resume on 23 August.
Esau is in custody, while co-accused Marén de Klerk is allegedly in South Africa. An extradition order has been issued for him.
[email protected]
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