Fishrot judge ‘incompetent’, Shanghala says
Former justice minister and Fishrot accused Sacky Shanghala yesterday branded the judge in the matter - Moses Chinhengo - ‘incompetent’ as tension between the presiding officer and the accused men heightened.
He is now flirting with dragging the judge, who has refused to recuse himself and is continuing with preparations for the trial, to the Supreme Court in order to force him out of the matter.
Shanghala, a trained lawyer, wants the apex court to answer seven questions related to Chinhengo presiding over the matter, chief of which is whether a judge who faces a recusal application - and against whom a petition is being filed in the Supreme Court - can continue with the matter in which his recusal is being sought.
In March, Shanghala, his business partner James Hatuikulipi and their co-accused Pius Mwatelulo threatened to drag President Nangolo Mbumba to court should he appoint or extend the term of office of Zimbabwean-born judge Chinhengo, who has been assigned to the looming trial.
The trio wrote to Mbumba through their lawyer Ronald Kurtz to forewarn him about any extension or substantive appointment he may grant Chinhengo. They described Chinhengo’s appointment by late president Hage Geingob as ‘unconstitutional’.
The accused said the appointment was illegal because he is not Namibian, was not a serving judge in Namibia at the time of his appointment and was 68 - past the retirement age of 65 for judges.
Competent and confident
A flurry of new applications continue to besiege the matter, which has so far delayed the start of the anticipated trial.
The most recent urgent application was made to the Supreme Court, expressing the accused men's discontent with the irregularities in appointing judges in the matter.
Shanghala said he wants to be heard by a competent and confident court, and he believes Chinhengo does not match that description.
He said this during a court appearance yesterday after requesting that their notice of motion be forwarded to the Supreme Court.
The judge had previously ruled that regardless of whether the accused had legal representation, they would proceed to enter their pleas and commence the case.
Shanghala proposed overturning this decision because it infringes upon the accused's right to a fair trial by an impartial and competent court.
Meanwhile, Nigel van Wyk's motion last Friday, which was denied by Chinhengo, appealed to the Supreme Court over the judge's decision not to disqualify himself from the Fishrot case.
Following this decision, Shanghala further questioned Chinhengo's credibility, asking whether a judge in a criminal case, when asked to recuse themselves, is not obliged halt all actions related to the case until the recusal issue is resolved.
“Until the cloud hanging over his head has dissipated, with reference to the recusal matter, the judge will not be taking any decision other than - it seems - remanding us back into custody”, he said.
The case has been postponed to 5 July. The accused remain in custody.
He is now flirting with dragging the judge, who has refused to recuse himself and is continuing with preparations for the trial, to the Supreme Court in order to force him out of the matter.
Shanghala, a trained lawyer, wants the apex court to answer seven questions related to Chinhengo presiding over the matter, chief of which is whether a judge who faces a recusal application - and against whom a petition is being filed in the Supreme Court - can continue with the matter in which his recusal is being sought.
In March, Shanghala, his business partner James Hatuikulipi and their co-accused Pius Mwatelulo threatened to drag President Nangolo Mbumba to court should he appoint or extend the term of office of Zimbabwean-born judge Chinhengo, who has been assigned to the looming trial.
The trio wrote to Mbumba through their lawyer Ronald Kurtz to forewarn him about any extension or substantive appointment he may grant Chinhengo. They described Chinhengo’s appointment by late president Hage Geingob as ‘unconstitutional’.
The accused said the appointment was illegal because he is not Namibian, was not a serving judge in Namibia at the time of his appointment and was 68 - past the retirement age of 65 for judges.
Competent and confident
A flurry of new applications continue to besiege the matter, which has so far delayed the start of the anticipated trial.
The most recent urgent application was made to the Supreme Court, expressing the accused men's discontent with the irregularities in appointing judges in the matter.
Shanghala said he wants to be heard by a competent and confident court, and he believes Chinhengo does not match that description.
He said this during a court appearance yesterday after requesting that their notice of motion be forwarded to the Supreme Court.
The judge had previously ruled that regardless of whether the accused had legal representation, they would proceed to enter their pleas and commence the case.
Shanghala proposed overturning this decision because it infringes upon the accused's right to a fair trial by an impartial and competent court.
Meanwhile, Nigel van Wyk's motion last Friday, which was denied by Chinhengo, appealed to the Supreme Court over the judge's decision not to disqualify himself from the Fishrot case.
Following this decision, Shanghala further questioned Chinhengo's credibility, asking whether a judge in a criminal case, when asked to recuse themselves, is not obliged halt all actions related to the case until the recusal issue is resolved.
“Until the cloud hanging over his head has dissipated, with reference to the recusal matter, the judge will not be taking any decision other than - it seems - remanding us back into custody”, he said.
The case has been postponed to 5 July. The accused remain in custody.
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