Western Cape High Court Judge President John Hlophe's decision to have a criminal trial heard in Pollsmoor Circuit Court after an awaiting-trial inmate challenged his decision in the High Court has been confirmed.

This, says a Cape Argus report, follows an application by Mikyle Davids – accused along with six others of gang-related offences – for proceedings to be heard in the High Court sitting after his lawyer, Advocate Mohamed Sibda, raised an objection to Pollsmoor Circuit Court being used as a venue.

The matter was heard by a full Bench on 27 May when Sibda argued that his client was under the impression that the prison court was only used for pre-trial proceedings.

He further indicated that Davids' right to a fair trial would be infringed if the trial proceeded at Pollsmoor given that the internal architectural design did not meet court standards and that it would further violate his client’s presumption of innocence.

In an affidavit, Davids said: ‘I have been informed that no other High Court trial has been heard by this prison court. Consequently, I feel like a guinea pig used to test a system that has not been tried before.’

Judges Taswell Papier, James Lekhuleni and Matthew Francis dismissed the application and said: ‘Having considered the submissions of the parties we are of the view that there is no substance in the submissions advanced by the applicant in support of an order to alter the Judge President’s decision that the criminal trial be held at Pollsmoor Circuit Court.’

They held that the reason for the establishment of circuit courts was in order to assist in the speedy finalisation of criminal matters involving multiple accused which would be applicable to Davids’ trial.

Full Cape Argus report