Fishrot accused pushing for judge’s recusal
By Hilary Mare
THE incarcerated Fishrot accused persons have filed an application for the recusal of High Court judge, Orben Sibeya from their restraint of property case alleging that he is conflicted having had prior knowledge of certain facts in the application brought forth by the Prosecutor General, Martha Imalwa earlier this year.
A founding affidavit disposed by Ricardo Gustavo who is the first defendant in the case, notes that it is their view that the court hearing their case regarding an application for the restraint and possible forfeiture of assets in terms of the Prevention of Organised Crime Act (POCA) is not competent to continue to preside over the matter on the basis of a number of conflict of interest concerns.
“The presiding officer is clearly conflicted to preside over cases of this nature due to the fact that the judge was gainfully employed with the Office of the Prosecutor General for approximately 13 years as a senior member of the office.
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