Cape Town | Thursday
AN application that the trial of five Pagad members for the murder of Cape ganglord Rashaad Staggie be declared a mistrial will continue in the Cape High Court on Thursday, SABC radio news reported on Wednesday.
Defence lawyers for the five members of People Against Drugs and Gangsterism (Pagad) asked presiding judge, John Foxcroft, to halt the proceedings and declare a mistrial, citing the installation of hidden cameras in the courtroom as a breach of their client’s fundamental rights.
Two secret video cameras and a listening device were installed in the Cape High Court room where Pagad national coordinator Abdus Salaam Ebrahim, the organisation’s past and present security chiefs Nadthmie Edries and Salie Abader, former spiritual leader Abdur Razaak Ebrahim and member Moegsien Mohamed are on trial.
The devices were installed in the court by the elite Scorpions investigating unit, with the permission of Cape Town Judge President John Hlophe
Co-counsel in the case asked the judge to conduct an inquiry into whether it would be possible to have a fair trial under the circumstances. But Judge Foxcroft said the onus was on the defence to provide the court with proper evidence on whether the alleged irregularity constituted a clear breach of privilege.
On Thursday, arguments will continue on whether any real harm had been done to the trial by the installation of the secret cameras without the knowledge of the defence.
Defence lawyer, Paul Eia, earlier argued that the prosecution could have been privy to the strategies, the tactics and consultations between them and their clients, which could affect the future of the case. – Sapa