The integrity of the courtroom rests on the judge's perceived neutrality, which these advocates are essential in defending against any signs of overreach. This confrontation highlights how easily a judge's temperament can jeopardize the fundamental right to a fair trial.
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Advocate Mnisi and Mshololo Confronts Judge Ratha's BIAS Utterances!Added:
Mr. Bill is loudly saying this is a disgrace. I don't know what he's trying to get at, man. But uh I think he should keep comments to himself. Um we we are all court officials. We've just spoken about the need to deport ourselves in a manner beating the dignity of the court.
>> Let me keep quiet. Now we are even reporting soil. When Shakespeare is talking to himself, he say now he's been reported. I mustn't speak to myself.
My lord, may we so sorry my colleagues want to address the court.
>> Thank you.
My specific instructions which are information that I need to convey to the court.
I'm instructed that what is happening here it's a symbolical gesture of a trial that lacks the requirements and elements of a of a of a of a of a fair trial or not. that is pretty much the only following ground that each time the state is coming out with an allegation the state I mean the court is taking it very seriously and but each time they accused are raising something the tone with which the court is regarding that seems to be a very a very low tone my lord or a a a very yes a low tone a a watered down tone my lord that is because of the following my lord.
There's a witness who came here and the court has just made an example of that witness. There's a witness who came here and that is Mr. Zongu who said it was that is when he was trying to clarify a point that was raised by the state. I don't know who was prosecuting that but I think it's it was Dr. Sibande and then he was saying to Dr. Dr. or the prosecutor who was involved on that thing. Can you please not put words in my mouth because the minute you're doing that remember this thing I lie there are people out there who might think I falsely implicated these accused person that are before court here but the court then choose to interpret it in a way that that was actually meant that the court's life would be in danger or somebody else's life would be in danger meaning on the side of the state and that was not the implication man but it was just specifically chosen to give it that particular narrative mood but over and above that my lord what has happened here is that when Mr. Guabini was testifying there are policemen who just came here and arrested the the the members of the investigating team who arrested those people who were accompanying Mr. Guabi to come to court here on a daily basis and after that they came up with this allegation that the court's life and the and and the prosecution's life is in danger because amongst others the defense and specifically my name was sing my lord that I start to that I love to interfere in businesses that do not have to do with me that we're also complicit in that court I mean in that plot to assassinate the court as well as the the the the the state my lord but subsequent to that my lord there are number of witnesses that we had to witnesses specifically told us that we no longer prepared to come and assist in that court because we once we arrived there were going to be arrested as it had happened and that that is basically we brought to the attention of the court but as I'm saying everything that we're bringing to the court gets what and today my lord it is happening again there is an explanation as to what could have happened yesterday it came from the person who had that casticulation with Mr. Dani he's giving an explanation of what was actually happening. It is an innocent explanation instead of the state and the court saying yeah no we do understand that that was just ages to these people were just you know because Mr. Mua is a transporter of Mr. Nani has been part of Mr. Dan's life in terms of transporting him for the past 3 years. I can regard them as a brother and a sister. I mean as as as brothers.
Instead of the court and the state saying, "Oh, we now see no harm was meant with that gesture." The state continues to perpetuate the negative stereotypes that that was meant to harm somebody and that is elevated by the court to another degree again that it did not end up there. The court brings in an element of saying that there was a gesture that somebody's throat is going to be slashed.
I don't know what is the relevance of that man. The accused that I am representing are very concerned about that attitude. Hence they are saying they they they they realize that the the the the that thing or the presumption of neutrality that they had bestowed on the court. My lord is gradually waning away from where they are sitted. Malot in view of the aturrenes that the court have said my lord. Thank you.
>> Okay. Thanks. And may I say my lord that in view of also what has happened here I feel very agrieved. I am emotionally affected my because the court has once again raised that monster that is still hanging on my head that I am part of the plot to assassinate the court. I'm not even so sure whether I'm in a position to proceed with the trial today or not.
Thank you.
>> Right. Mr. Are you want to go on with it?
>> No I'm in support of what my colleague advocate fine I take it also is in support. Is that not so?
>> Yes ma'am.
>> And even Mr. Raipid, you're in support of what your colleague said.
>> Indeed. So, ma'am.
>> Fine. Can you now start then? I'm aware you have said all those things. Fine. We can continue.
But I'll ask to place the submissions and the concern raised by my client.
>> What?
>> The concern raised by my client.
>> Consent?
>> Yes.
>> What concern is that?
>> Yes. Concern raised by my client.
>> Raised.
>> Yes. Raised by my client. When I asked Lee to go and approach him. My lord, >> you want to go now?
>> No. My lord. Uh I'm asking the opportunity to address the court regarding the concerns raised by my client when I ask the leave to go and consult with him.
>> I've allowed everybody to consult.
>> Yes. Yes.
>> And have you been Mr. Advocate?
>> I mean how many tried to be consulted accus?
>> No. Regarding this issue uh in fact and my colleague advocate Mr. Space everything that was raised by my client Mr. Mat. So I'm saying I'm in support of what Mr. N.
>> Yes. He also she also she also says she knows this is what your time has said and you want to repeat it again.
>> Thank you my lord.
My lord I I don't want to repeat what has been said by my my learned friend my lord but I want to raise and place it on record the concerns that have been raised by Mr. Julia regarding this occurrence that has happened now to say each time the state has a tendency of bringing wrong accusation.
The wrong accusation that has been leveled against Mr. Danzi does not feel sit well with him as an accused. It's an unfair treatment that he's receiving in this court. When you see what the behavior of the state regarding this clip that has been placed before this court and the clip has been wrongly interpreted and has been wrongly assessed by the court which posing a danger to them of not receiving a fair trial in this court because whatever wrong information that is placed before this court is accepted by good hands without having been investigated the truthfulness of that allegation that is being leveled.
Okay, >> those are submissions in respect of accuse number five.
>> All right, I've heard it.
Are we proceeding, Miss Mr. Ram? Because you said you're calling another witness.
If if if that was a soccer match, I'll say I'm proceeding under protest.
And I I know that the court will know what proceeding under protest means. Uh, somebody the official with all due respect call for me General Vincent Leavan.
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