The trial of Republic v Hanan Abdul-Wahab Aludiba and another, popularly known as the Buffer Stock case, has been adjourned after counsel for the first accused filed an application seeking the release of certain properties, including mobile phones, currently in the custody of the State.
The application was filed on Friday, September 25, as the prosecution prepared to call its first witness in the case.
Counsel for the first accused told the court that the defence requires access to the mobile phone to adequately prepare for the trial. According to counsel, proceeding with the trial without access to the device could impair the accused person’s constitutional right under Article 19(2)(e) of the 1992 Constitution.
The prosecution, however, urged the court to allow the trial to commence, subject to any objections the defence may raise regarding the tendering of evidence. It also indicated that it needed an opportunity to file the necessary processes in response to the defence application.
Following the arguments, the presiding judge adjourned the commencement of the trial pending the determination of the application seeking the release of the properties.
The court is scheduled to hear the application on Wednesday, October 7, at 11 a.m.
The latest development has therefore delayed the commencement of the prosecution’s case, which was expected to begin with the calling of its first witness.
The information was contained in a court update issued by Operation Recover All Loot (ORAL).