Staff Reporter
PIETERMARITZBURG high court Judge, Piet Koen, has recused himself from hearing former president Jacob Zuma’s arms deal corruption trial.
Zuma and his co-accused, French company Thales, face charges related to fraud, corruption and money laundering in connection with the arms deal that took place in the 1990s.
Koen said on Monday that during earlier litigation in the trial he felt that he expressed strong views about various issues including his findings during the ‘special plea’ when he refused the defence application to remove advocate Billy Downer, SC, as prosecutor in the case; the fact that there were now a ‘unique’ and concerning situation where Downer is the subject of a private prosecution by Zuma in a pending matter, and his previous findings in respect of the alleged ‘leaking’ of Zuma’s confidential medical information to News24 journalist Karyn Maughan by Downer.
“The views I previously expressed will reasonably be perceived, I believe, to influence findings I will be required to make as to whether Mr. Downer should or should not be removed as prosecutor and/or in the future when the issue of whether Mr. Zuma has received a constitutionally fair trial will arise for determination,” Koen said.
Koen said the mere apprehension of bias was sufficient to require a judicial officer to recuse himself from a matter to ensure public confidence in the justice system.
“I have favoured a particular interpretation of these factual issues. A consequence might be that Mr Downer should continue — if that was to be my conclusion, then Mr Zuma would be reasonably justified to feel aggrieved that a decision was made in favour of Mr Downer, strongly influenced by my previous findings, to be consistent.”
“It was not an easy decision that I have to recuse myself from the trial, but it is what the sound administration of justice, the constitution and my conscience dictate. The integrity of the judicial process must not be tainted.”
Shortly after the ruling the parties in the arms deal corruption trial made a brief appearance before the new presiding judge.
The matter was postponed to 17 April.
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