High Court Judge Marelize du Plessis will on Wednesday hear from Fishrot lawyers on how they wish to proceed with the main criminal trial, which has faced multiple delays.
Lawyer Ileni Gebhardt, representing Ricardo Gustavo, was first to raise the matter when she objected to a postponement of the trial's start to May. The main trial was set to run this week and next week.
Gebhardt made submissions in response to two interlocutory applications: an application by Sacky Shanghala for leave to appeal after Judge Du Plessis refused his request to step aside, and another leave-to-appeal application by Otniel Shuudifonya seeking a delay of about five to six months to allow his legal representative more time to prepare. Shuudifonya's application was also denied by du Plessis.
Gebhardt argued that the main trial, currently affected by interlocutory applications, cannot be automatically postponed as a result.
The court is expected to hear Shanghala’s arguments on his leave-to-appeal application, in which he asks the judge to recuse herself, on 5 May.
Milton Engelbrecht, representing Pius Mwatelulo, informed the court that he is ready to proceed with the trial.
He told the court that no payments are being received from legal aid and that he has turned away other clients because the trial dates were initially allocated for this week and next week. He requested that the court provide definitive trial dates to allow him to manage his schedule.
Florian Beukes, representing Bernard Esau, told the court that the accused wants the trial to proceed.
“My client is 68, and this trial might even take up to 10 years, My Lady. My client just wants to assert his rights,” Beukes told du Plessis.
He said the matter should not be delayed by the recusal application and other pending applications. He also argued that interlocutory applications do not automatically stay the main trial.