Pietermaritzburg high court Judge Piet Koen has recused himself from further hearing former president Jacob Zuma’s arms deal trial.
Koen on Monday announced that he was recusing himself saying that it was in the interest of justice.
His decision comes on the back of an announcement from Zuma’s legal team late last year that the former president that the former president plans on bringing another application for State Advocate Billy Downer’s removal.
The new application followed Zuma instituting a private prosecution against Downer for allegedly contravening the NPA Act by “leaking” his private medical information to News24 journalist Karyn Maughan.
Koen, in his ruling last year dismissed Zuma’s special plea aimed at Downer’s removal, made some “strong comments” about the disclosure of Zuma’s medical report and essentially said there was no merit to Zuma’s complaint that it was a breach of the act.
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 postponed the trial in October after he invited arguments from the State and defence as to whether he should continue to preside over Zuma’s trial so that the integrity of the trial was beyond reproach.
On Monday Koen said: “I have come to the conclusion that I have to recuse myself from the trial. It is what the sound administration of justice, the Constitution and my conscience dictates. The trial should therefore have to be heard by another judge.”
Koen said while delivering judgement on the issue of his recusal that the fact that a private prosecutor had been pursued by a person being prosecuted was a matter of great concern.
“It is not per se, conclusive of this issue. It does not mean if there is a private prosecution that the prosecutor has a personal crusade against the accused. There must be a weighing of all considerations. It must be perceived to be objectively verified.”
Koen adjourned the matter and said it would resume later on Monday with a new judge who would preside over the matter.
Source: News24, IOL, Times Live, Eyewitness News, image from Twitter: @StarFMNews919