Legal Aid funding questioned in Fishrot trial - nbc

Legal Aid funding has taken centre stage in the Fishrot corruption trial, with defense lawyers telling the Windhoek High Court that they are not paid to prepare for trial.

The Windhoek High Court heard on Monday that lawyers appointed under Legal Aid in the Fishrot corruption case are only paid for the days they physically appear in court and not for trial preparation.

A legal aid-appointed lawyer, Joas Neemwatya, told the court this makes it impossible to be ready within the set timelines.

Neemwatya said he would only be ready for trial in five to six months.

Four legal aid lawyers have been appointed in the matter, all facing the same payment constraints.

The Court was scheduled to rule on an application to postpone the trial to later this year.

The application was brought by former Justice Minister and accused Sacky Shanghala.

But this ruling would later be postponed due to legal aid fees and the lawyer's revelation that he would be ready in six to five months.

Shanghala argued that the funding arrangements undermine the accused's right to a fair trial.

He further alleged that state prosecutors Ed Marondezde and Clive Lutibezi recently received pay increases amounting to nearly one point five million dollars.

Shanghala questioned why the state claims it cannot afford to pay for his and co-accused Bernhardt Esau's legal representation while allegedly approving higher remuneration for prosecutors; he said the increases were even higher than that of the Secretary to Cabinet.

He challenged the court to consider whether similar arrangements were being made for the presiding judge or whether the special rates applied only to the two prosecutors.

Executive Director in the Ministry of Justice, Audrin Mathe, is also summoned to court to explain the alleged preferential treatment.

Neemwatya told the court that, according to a letter from the Executive Director, the state prosecutors were operating under "special instructions", implying that the increases were justified.

The court said it would take time to consider whether it would entertain the financial issues relating to legal aid.

The matter has been postponed to 20 February, when the court is expected to rule on Shanghala's application to postpone the trial.