The bail application of Henry Okah, the Nigerian accused of orchestrating the twin car bombings that killed 12 people in Abuja, has hit another snag as the Johannesburg magistrate could not review audio transcripts.
Entering its ninth day on Friday, the case was yet again postponed.
“This court will not be able to give judgment on the matter,” magistrate Hein Louw said.
He said he could not finish listening to audio records of court proceedings, which were crucial for his judgment.
The former marine engineer's defence might have contributed to the delay in his bid for freedom.
Having been in jail since his arrest on October 2, Okah will have to spend another week behind bars until Louw hands down judgment on November 19.
The State agreed to the postponement, but put it on record that the case was delayed due to the defence's actions.
Okah's defence had made it difficult for Louw to prepare for judgment when it requested a copy of the audio transcripts.
This a week after a news agency took an original copy of the CD's, resulting in Louw not being able to prepare for judgment.
The defence wrote a letter to the magistrate's office requesting a copy of the tapes, but due to the court's “inadequate infrastructure” not allowing for copies to be made, Louw did not have access to his “electronic library”.
“I was flustered upon receiving this request,” the obviously irate magistrate said.
Okah faces terrorism-related charges for his alleged involvement in Nigeria's Independence Day car bombings on October 1.
Defence lawyer Rudi Krause also lodged an urgent application to get Okah transferred to Johannesburg's high risk facility.
Krause said it was difficult to consult with Okah at the Johannesburg central prison, where his client was being held.
However, the application was denied by Louw who said such an order would be equal to him acting out of his jurisdiction.
Okah was the responsibility of the correctional services department and not that of the investigating officer.
He said the court normally granted such applications provided the State and the defence agreed.
Okah has denied any involvement in the attacks and insists that the State has no evidence linking him to the crime.
His arrest and detention, he said, were an attempt by South African authorities to appease their Nigerian counterparts.
The State, however, produced an affidavit saying that Okah had not only been in contact with his alleged co-conspirators, but had also instructed them to buy the two cars used in the bombings.
An SMS sent to Okah on the day of the attacks by Chima Orlu, a man still wanted in Nigeria for the bombings, read: “Done, tell them to leave”.
State prosecutor Advocate Shaun Abrahams also said Okah was being investigated by the home affairs department for alleged fraud relating to permanent residency in South Africa.
The department has since confirmed that administrative action was being taken against the 45-year-old Nigerian.
“We have reason to believe that there is a need to investigate further his permit in the country,” departmental spokesperson Ronnie Mamoepa told Sapa.
Home affairs official were present during Friday's court proceedings. -
Sapa