The Fishrot trial resumed this morning in the absence of one accused, Ricardo Gustavo, who is still hospitalised.
The court is currently focused on preliminary issues concerning an interlocutory application. This legal manoeuvre could potentially halt the main trial while the interlocutory matter is addressed. Lawyer Mbanga Siyomunji, who represents some of the accused in the matter, argued that the high court rules dictate that the main trial should be paused to entertain the interlocutory application before proceeding with the primary case.
This interlocutory matter is tied to Sacky Shanghala's recent petition to the Supreme Court and his application to have his trial separated from that of his co-accused. Shanghala argued that his application for separation is inherently interlocutory and should be treated accordingly by the court.
However, Judge Moses Chinhengo expressed reservations about whether any interlocutory application automatically halts the main proceedings.
The State, represented by Deputy Prosecutor Edios Edmund Marondedze, argues that there need not be further delays to the main trial. Both the State and Siyomunji are of the view that the interlocutory should be dealt with promptly and make way for a speedy resumption of the main trial.
This key issue will need to be resolved as it directly impacts the progression of the already complex and prolonged Fishrot trial. The court's decision on this matter will determine whether the trial can proceed or if it will face further delays as the additional legal questions are addressed.
Court is adjourned to tomorrow.