The Western Cape High Court Judge, John Hlope is standing by his decision to have a criminal trial heard in Pollsmoor Circuit Court for an awaiting-trial inmate.
According to IOL, this comes after 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.
David’s lawyer, advocate Mohamed Sibda, raised an objection to Pollsmoor Circuit Court being used as a venue, indicating 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 David’s affidavit, he states: “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.”
The State opposed David’s application and noted that the matter will be heard at Pollsmoor prison, which would also bring to light the shortage of courtrooms and the need for additional rooms in the high court and enhance the efficient administration of justice.
Davids is currently on trial along with six others for gang-related offences under the Prevention of Organised Crime Act, including murder.
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Picture: Cape Town etc {Galllery}