High Court Judge Moses Chinhengo has urged the state to find a practical solution to the frozen assets of the Fishrot accused, questioning why the funds cannot be released without court intervention.

The judge also expressed concern over the prolonged pre-trial detention of the accused, saying that no judicial system should allow individuals to remain in custody for such an extended period without trial.

In November of this year, the accused will be in prison for six years while awaiting trial.

During Tuesday's hearing, Judge Chinhengo stressed the need to expedite proceedings and asked if there was any legal way to unfreeze the accused's funds outside a formal court order. 

He noted that the accused are struggling financially due to their frozen asset and encouraged the state to explore alternative solutions. 

But, senior state advocate Ed Marondedze insisted that the funds are considered proceeds of crime under the Prevention of Organized Crime Act and cannot be released without a Court order.

Former Fisheries Minister and fishrot accused Bernard Esau has called for the trial to proceed without further delays, stating that he wants to know his fate, although he can't afford legal representation as the freezing of his assets has restricted his ability to finance his defence.

Esau also asked the court to consider releasing them or removing their case from the roll, arguing that the prolonged delays are unfair.

Judge Chinhengo advised Esau to file a formal application for bail, noting that the outcome could be unpredictable.

Former Justice Minister Sacky Shanghala, another key figure in the Fishrot case, has also demanded their release, questioning the fairness of their continued detention without trial.

Shanghala argued that they need their freedom to adequately prepare their defence.

He also raised concerns over trial delays, pointing out that several key matters remain unresolved, and called on the state to provide a list of the over 300 witnesses it intends to call during the proceedings.

Judge Chinhengo responded by stating that the accused have legal avenues available to seek their release. 

The judge also said that the accused persons be given the opportunity to explain their pleas and indicate whether they wish to respond to the pre-trial memorandum. 

The state, however, maintained that it is prepared to proceed with the trial immediately and call its first witness.

Defence lawyer Mbanga Siyomunji, representing Nigel van Wyk, dismissed the need to respond to the pre-trial memorandum.

Chinhengo postponed the matter to the final time to February 25. On this day, the lawyers and defendants are expected to agree on a date for the trial, which could be in August this year.

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Emil Xamro Seibeb