The hearing of the bail application by terror suspect, Mr. Henry Okah, was on Tuesday deferred by a magistrate’s court in Johannesburg, South Africa, the News Agency of Nigeria reports.
Magistrate Hein Louw said he had not been able to listen to portions of the recorded CDs which were essential to his verdict.
Louw had ordered on November 4 that the CDs be made available to enable him to listen to them.
He said that the recordings, which were sent for transcription on the request of a media house, were only made available to him on a later date when he requested for them.
Louw added the late delivery of the recordings and some other important reasons resulted in the shift of the verdict.
The magistrate said he was considering issuing a summon letter to an Immigration officer, Willem Foster, who the prosecution said had raised issues of fraud that relate to Okah’s permanent residence permit.
The prosecution had argued that Okah’s permit, based on the observations, was technically faulty and that he could be staying in South Africa illegally.
The prosecution had also indicated that the Department of Home Affairs was considering administrative action in the issue.
Louw, however, stated that he was not yet fully convinced on the need to call Foster to testify in court but was still looking at it.
He expressed the hope that he would not call any more witnesses before giving his verdict unless it became crucial, noting that he will notify all the parties involved.
The magistrate said that due to the commitments of the counsel on November 10, he would adjourn the matter to November 12.
Louw said the reasons for the adjournment, especially the issue of the recordings, were beyond his control.
Rudi Krause, Okah’s counsel, said although his client was disappointed by the turn of events, he had no problems with the date.
Shaun Abrahams, prosecution counsel, said the explanation of the magistrate was okay as the reasons were beyond his control.
Okah’s wife, Azuka, looked pensive as she learnt that the verdict had been shifted.
Okah, who is the leader of the Movement for the Emancipation of the Niger Delta, is standing trial on a two count charge of engaging in terrorist activity and conspiring with others to do so in respect of the October 1 bombings in Abuja.
He is being charged with delivery, placement and detonation of the explosive device and conspiring with others to do so.
Okah, who claimed innocence, is seeking bail while the prosecution is challenging it, saying he is a flight risk.
The prosecution says investigations into the case would take another six to nine months to complete before the trial begins.
Okah is currently remanded in a single cell at the Johannesburg prison.
Source:http://www.punchng.com/Articl.aspx?theartic=Art201011102424653
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