NIGERIAN terrorism accused Henry Okah yesterday presented the prosecution with a witness list of 103 people he wanted subpoenaed on his behalf in a trial set to start in January next year.
He wants the prosecution to ensure the witnesses, most of whom are in Nigeria, are consulted by his lawyer in SA to ensure a fair trial.
This is one of the logistical challenges the court faces.
Mr Okah was charged in terms of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, which gives South African courts jurisdiction to hear cases of perpetrators of terrorist and related activities that were committed elsewhere.
Mr Okah, permanent resident of SA, was charged with engaging in terrorist activities and detonating an explosive device.
The charges relate to the bomb blasts that took place in Abuja in October last year.
He has also asked the court to ensure that when the matter resumes on August 24, he be served with an indictment so he can prepare for his trial.
His attorney, Rudi Krause, told the Johannesburg Regional Court yesterday that Mr Okah had not received medical treatment for his back problem because of the unwillingness of the Department of Correctional Services to allow him to consult the medical specialist of his choice. “(His) condition is getting progressively worse. He sleeps on a concrete slab with a little foam mattress.”
Mr Krause also objected to Mr Okah’s solitary confinement at Johannesburg Prison.
Mr Okah was allegedly being prevented from speaking to anyone, including the guards.
His “room has no windows” and he “literally doesn’t see sunlight”, Mr Krause said.
Mr Okah, who has been in custody since October 2 last year, was denied bail in November. His application for leave to appeal against the decision of the magistrate denying him bail was denied by the high court in January.
Last week, his application for leave to appeal to the Supreme Court of Appeal was denied by the South Gauteng High Court.
He said yesterday he would petition the Supreme Court of Appeal.