The state intends to call an additional witness to testify in the bail application hearing of brothers Bino Cloete and George Cloete when it resumes in the Keetmanshoop Magistrates' Court next month.
State Prosecutor Abel Manyando informed the court of an additional witness after the brothers concluded their cross-examination of state witness Frans Job.
He told the court the witness will give testimony on specific grounds why the applicants should be denied bail.
Bail applicant Bino Cloete objected to the State's plan to call an additional witness.
He questioned the grounds on which the witness would testify, arguing the bail applicants had not been informed beforehand and that they would seek legal advice on the matter.
Manyando countered there is no law prohibiting the state from calling an additional witness and that it is not obliged to disclose reasons for calling a witness.
Under cross-examination this week, Bino questioned Detective Inspector Frans Job on whether they were found in possession of diamonds or foreign currency upon their arrest in May last year.
Job responded that there was credible evidence that led to their arrest.
Cloete informed the court the state claimed to have a prima facie case without providing evidence to that regard.
He argued that only circumstantial evidence had been provided without tangible proof.
Job, however, maintained the state has a prima facie case supported by evidence, and it would be proven during the trial stage.
Cloete argued he had cooperated with the police since his arrest, stating that the Constitution guarantees their freedom until proven guilty by the competent court.
He further asked Job to explain how he had interfered in the ongoing investigations and to prove how he would evade trial.
Job explained there is already evidence that the applicant interfered with the case, arguing that he may not stand trial if granted bail because of the prima facie and serious nature of the charges against him.
Cloete contended public interest was in their favour, citing a protest recently held to demand their release.
The bail applicants, who face money laundering and illicit trafficking of diamonds charges, are expected to return to court on 4 March.