Afsatu trial heats up
As the trial between the State versus Afsatu Olayinka Kabba (in photo) Â gains momentum, the Defence team is vehemently bent on revoking orders of the high court to protect prosecution witnesses in the ongoing proceedings.
The Defence team headed by JB Jenkins Johnston yesterday submitted an application that touches and concerns the protective measure in respect of all State witnesses with regards to the nature of the application itself and therefore submitted that it would be absolutely necessary for the application to be heard and disposed of before attempting to proceed with the matter as the application they are making is very serious.
The prosecution counsel of the Anti Corruption Commission (ACC) Calvin Matsebo has earlier asserted that the application that had been struck off by the former judge of the matter, Justice Brown Marke and there is no difference between the previous application and the one that is being applied for in the proceeding.
The prosecution further argued that the trust of his objection according to section 83 subs section 5 -6 of the Anti Corruption Act No 12 of 2008 is that it touches on the right to revoke the order of the court.
He stated that it can only be done in proceeding subsequent to the one that the objection was made and besides there is no legal basis for the revocation.
In his reaction JB Jenkins Johnston pointed out that it is unfortunate that the prosecution did not give them enough time to digest the motion. He maintained that the application made by Yada Williams seeing to set aside the order of Brown Marke which according to the Defence was an expertise application which is considered improper. As the accused person remain innocent until she is proven guilty.
The presiding judge promised to give his ruling on the issue at 1p.m. today.
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