Cape Town - Western Cape High Court Judge President John Hlophe is standing by his decision to have a criminal trial heard in Pollsmoor Circuit Court after an awaiting-trial inmate challenged his decision in the High Court.
This follows an application by Mikyle Davids – who is accused along with six others of gang-related offences – for proceedings to be heard in the high court sitting in Keerom Street after his lawyer, advocate Mohamed Sibda, raised an objection, during trial proceedings, to Pollsmoor Circuit Court being used as a venue.
During pre-trial proceedings the matter had been set down for hearing at the prison before Judge Daniel Thulare, who had been appointed as the presiding judge assigned to the criminal trial.
However, Judge Thulare, after having heard objections by several lawyers representing the accused, ventured to conduct an inspection of the court on the Pollsmoor grounds in order to determine its suitability.
The matter was postponed to February 28 but on the day in question, Judge Thulare was not present. Instead Justice Hlophe attended and indicated to the parties he had constituted a full bench for parties to argue on the objections to the criminal trial venue.
The matter was heard by a full bench on May 27, where Sibda on behalf of Davids argued that his client was under the impression that the prison court was only used for pre-trial proceedings.
He further indicated that David’s right to a fair trial would be infringed if the trial proceeded at Pollsmoor given that the internal architectural design did not meet court standards and that it would further violate his client’s presumption of innocence.
In an affidavit, Davids said: “I have been informed that no other high court trial has been heard by this prison court. Consequently, I feel like a guinea pig used to test a system that has not been tried before.
“I feel deprived of the dignity that I am supposed to be given for what I am, a presumed innocent citizen that seeks to vindicate himself before a proper court.”
Davids sought to understand whether Judge Hlophe had removed Judge Thulare from the matter.
“I was stunned to see that Honourable Judge Thulare was not there and in his place was the Honourable Judge President Hlophe. I was confused.”
When asked about his decision, Justice Hlophe told the Cape Argus: “Everything was done in open court. After my discussion with Judge Thulare, I proceeded to court and indicated that the matter, the challenge to court sitting at Pollsmoor, would be decided by full bench of the Western Cape High Court.”
The State opposed the application and noted that the matter being heard at Pollsmoor prison would address the shortage of court rooms in the high court and enhance the efficient administration of justice.
Judges Taswell Papier, James Lekhuleni and Matthew Francis dismissed the application and said: “Having considered the submissions of the parties we are of the view that there is no substance in the submissions advanced by the applicant in support of an order to alter the Judge President’s decision that the criminal trial be held at Pollsmoor Circuit Court.”
They held that the reason for the establishment of circuit courts was in order to assist in the speedy finalisation of criminal matters involving multiple accused which would be applicable to Davids’ trial.
“The establishment of additional courts which are able to accommodate multiple accused can only vindicate the right to a fair trial, especially for accused persons who are detained pending the finalisation of their trial.
“In our view the sitting of a court in a building which has the aesthetics of a court and which is resourced with adequate offices which are independent from each other to house the court officials cannot be said to be offending against the right to a fair trial merely because it is situated in a correctional facility,” they said.
Judge Hlophe noted he had no knowledge of spurious claims made by Davids in questioning his decision. Davids is currently on trial along with six others for gang-related offences under the Prevention of Organised Crime Act, including murder.