One of the accused in the National Petroleum Fund (NPF) has asked the Court to separate his trial from that of his co-accused, arguing that continuing with a joint prosecution would violate his constitutional right to a fair trial.
Alphonse Ndzinge, the third accused in the matter, has filed an application seeking an order that his trial be severed from those of Bakang Seretse, Sharifa Noor, Kgori Capital and Kgori Holdings.
The application, lodged under Section 176 of the Criminal Procedure and Evidence Act, comes as the state pursues charges against the five accused arising from a case that has attracted significant public attention.
Ndzinge further argues that the complexity and scale of the prosecution against the other accused could prolong proceedings and undermine his right to have his case heard and concluded within a reasonable time.
In court papers filed this month, Ndzinge argues that a joint trial would cause him substantial prejudice because the allegations against him are distinct from those facing the other accused and risk being overshadowed by evidence and publicity linked to Seretse.
He contends that evidence expected to be led against the co-accused could unfairly influence the court’s assessment of his own case, despite the charges relating to different conduct and circumstances.
Ndzinge further argues that the complexity and scale of the prosecution against the other accused could prolong proceedings and undermine his right to have his case heard and concluded within a reasonable time.
The application relies on constitutional fair-trial protections as well as provisions of the Criminal Procedure and Evidence Act that allow courts to order separate trials where a joint prosecution may result in prejudice to an accused person.
Court documents indicate that Ndzinge is seeking an order directing that he be tried separately from the remaining accused and for any further relief the court may deem appropriate.
The Director of Public Prosecutions, who is cited as the respondent in the application, is expected to oppose the request.
The matter has generated years of litigation, including related proceedings in the High Court and Court of Appeal.Legal observers say the outcome of the separation application could have a significant impact on the conduct and timing of the criminal trial.
The underlying criminal case centres on allegations involving Seretse, former National Petroleum Fund manager Sharifa Noor, Ndzinge and companies linked to Kgori Capital.
The matter has generated years of litigation, including related proceedings in the High Court and Court of Appeal.Legal observers say the outcome of the separation application could have a significant impact on the conduct and timing of the criminal trial.
If granted, prosecutors may be required to pursue parallel proceedings rather than a single trial involving all accused persons.
The Broadhurst Regional Magistrate’s Court is expected to determine whether the interests of justice favour a joint prosecution or separate proceedings for Ndzinge.
