Treason trial Judge stands firm against more delays

JUDGE Elton Hoff warned yesterday that the Caprivi high treason trial will have to proceed even if he allows the State to appeal the ruling in which he discharged 13 of the 120 treason suspects.

Judge Hoff issued the warning to prosecution team member, Taswald July, when July asked for a postponement to Monday so that the State can get a copy of Judge Hoff’s judgement. Hoff ruled in the High Court at Grootfontein on Monday that the 13 accused who challenged the court’s jurisdiction over them had to be released because they were irregularly before the court.The State needs a copy of the judgement to prepare for a planned application to be given leave to appeal to the Supreme Court against this week’s ruling, which has left the prosecution reeling from a major and, to a large extent, unexpected setback to their case.July was standing in for the prosecution team leader, Deputy Prosecutor General Herman January, who has been absent from proceedings this week.His father is reported to be seriously ill.The remaining 107 suspects are now set to return to court on Monday.Patrick Kauta, who has played a leading role in the defence team during the jurisdiction challenge, did not oppose the request for a postponement.However, he took the opportunity to remark that the State’s intention to appeal had nothing to do with the remaining 107 accused, and that all sides should be ready to proceed on Monday with the merits of the case faced by the 107.Judge Hoff responded that he was aware that most of the accused had now been in custody for more than four years.Whatever he rules on Monday, and even if he rules that the State can appeal, it should not impede the continuation of the hearing on the merits of the case, he added.The Judge said an appeal process would take considerable time, and it would be an injustice to the other accused if they had to wait for the outcome of an appeal before their trial could start.He said he could see no reason why, if an appeal was successful, the 13 could not be tried separately by a different Judge.It remains to be seen whether, come Monday, the remaining 107 accused will plead to the 278 charges they face.There are indications that the defence might want to bring another application to court – to ask that the prosecution be ordered to provide more specific details on the allegations against each of the accused, or possibly to ask the court to quash the indictment in its entirety.However, whether the defence will still follow this course of action remains unclear.The 107 remain in custody — as do the 13 who were supposed to have been released on Monday (see related report).Hoff ruled in the High Court at Grootfontein on Monday that the 13 accused who challenged the court’s jurisdiction over them had to be released because they were irregularly before the court. The State needs a copy of the judgement to prepare for a planned application to be given leave to appeal to the Supreme Court against this week’s ruling, which has left the prosecution reeling from a major and, to a large extent, unexpected setback to their case. July was standing in for the prosecution team leader, Deputy Prosecutor General Herman January, who has been absent from proceedings this week. His father is reported to be seriously ill. The remaining 107 suspects are now set to return to court on Monday. Patrick Kauta, who has played a leading role in the defence team during the jurisdiction challenge, did not oppose the request for a postponement. However, he took the opportunity to remark that the State’s intention to appeal had nothing to do with the remaining 107 accused, and that all sides should be ready to proceed on Monday with the merits of the case faced by the 107. Judge Hoff responded that he was aware that most of the accused had now been in custody for more than four years. Whatever he rules on Monday, and even if he rules that the State can appeal, it should not impede the continuation of the hearing on the merits of the case, he added. The Judge said an appeal process would take considerable time, and it would be an injustice to the other accused if they had to wait for the outcome of an appeal before their trial could start. He said he could see no reason why, if an appeal was successful, the 13 could not be tried separately by a different Judge. It remains to be seen whether, come Monday, the remaining 107 accused will plead to the 278 charges they face. There are indications that the defence might want to bring another application to court – to ask that the prosecution be ordered to provide more specific details on the allegations against each of the accused, or possibly to ask the court to quash the indictment in its entirety. However, whether the defence will still follow this course of action remains unclear. The 107 remain in custody — as do the 13 who were supposed to have been released on Monday (see related report).