Allexer Namundjembo
The ongoing case involving former agriculture minister Mac-Albert Hengari has raised concerns about Prosecutor General Martha Imalwa’s conduct.
Defence lawyers accused her of interfering with the judicial process through public comments about the case.
During Tuesday’s court session, lawyers for Hengari and co-accused Simon Hango said Imalwa’s remarks to the media affected the fairness of the trial.
Lawyer Kadhila Amoomo said Imalwa overstepped by commenting on the alleged victim’s condition in a media interview.
“There is one hand in the court and one hand in the media,” he said.
Amoomo argued that such actions move the case from the courtroom to the public, which threatens a fair trial.
He said the prosecutor general’s remarks undermine the independence expected from the judiciary.
“The public disclosure of sensitive details relating to ongoing proceedings erodes confidence in the fairness of the trial and raises questions about the impartiality of the prosecution,” Amoomo said.
The defence lawyers also questioned how police handled Hengari’s arrest and the investigation.
They argued that the police may have worked too closely with the complainant and mishandled evidence.
The lawyers added that her statements could shape public opinion and affect the court’s independence.
They also raised the issue of balancing the accused’s right to a fair trial with the state’s need for transparency.
State prosecutor Filistas Shikerete-Vendura defended Imalwa.
She said the state has a duty to ensure fairness for everyone involved.
“A fair trial is a right for both the victim and the accused, and the state must act accordingly,” she said.
Magistrate Monica Andjaba postponed the case to 5 June 2025.
The court will consider whether Imalwa’s comments had a prejudicial effect.
Hengari was arrested in April and is accused of attempting to bribe a 21-year-old woman to withdraw rape charges.
The woman said Hengari had sexually assaulted her since she was 15.
He now faces charges of rape, kidnapping, abortion, supplying liquor to a minor, and giving illegal substances.
The charges are based on an investigation into 11 alleged criminal acts.
Hengari will remain in custody until his next appearance later this week.
