Cape Town - An awaiting trial prisoner and accused murderer’s application to have his trial heard at the Western Cape High Court instead of the Pollsmoor Circuit Court has failed.

Mikyle Davids, who faces a string of charges including murder, offences relating to criminal gang activity, the possession of unlicensed firearms and ammunition, and robbery with aggravating circumstances, argued that the Pollsmoor Circuit Court where his trial is set to be heard “does not have the look and the feel of a proper High Court” and violates his “presumption of innocence”.

Davids is one of seven co-accused presently in custody awaiting trial at Pollsmoor Prison.

According to Davids, he was aggrieved that the matter would proceed at the Pollsmoor Circuit Court.

“According to (Davids), he is offended by his case having to be tried in the Pollsmoor Circuit Court because this court is situated on prison grounds and is part of the prison building; it is not a structure that stands alone or apart from the prison structure. (Davids’ counsel) Bashier Sibda contended that even if a separate free-standing court was built within the Pollsmoor Prison precinct, Davids would still have a problem in having his matter tried within this precinct as this correctional centre has a bad reputation, has world-wide notoriety, and the stigma attached to this prison will rub over onto the court hearing the trial.

“Davids averred that the circuit court does not have the look and the feel of a proper High Court … Sibda contended that the internal physical configuration and design of this court creates the impression that Davids is a dangerous person against whom the court and legal representatives must be protected. He submitted that in this circuit court, he is boxed-in with his co-accused in a space that consists of Perspex walls and iron bars. He equates the dock occupied by the accused as a ‘cage’,” judgment documents read.

Davids raised further concern that members of the public, including journalists, will sit in another building viewing the trial proceedings via CCTV, as there is no space in the said court to serve as an ordinary gallery for his family and friends to attend.

Responding to Davids’ argument, the Deputy Director of Public Prosecutions, Tommy Bunguzana in an opposing affidavit said that placing trials on the roll was constrained by the availability of court rooms to accommodate cases involving multiple accused.

“All the courtrooms in the Cape High Court are too small to accommodate multiple accused, save for court 1 in which there is currently a trial in session involving twenty accused. He further stated that, in his view, it is in the interests of the State, the accused, and the administration of justice that justice should not be delayed pending the availability of court 1, and that the trial of the applicant and his co-accused should be heard without undue delay in the designated circuit court,” judgment read.

Judge Papier said although the circuit court is located within the prison grounds, it must be stressed that Davids will not be tried by prison officials, but by an independent judge in an open court with a court staff (registrar; stenographer and interpreter/s where required) and SAPS officials (court orderlies) in attendance.

“The court is only housed in a building which is situated within a prison precinct… any stigma that may attach to Pollsmoor correctional facility has no impact, influence or effect whatsoever on the hearing of the matter, and the judicial process as a whole,” Judge Papier found.

Cape Times