The prosecution in the corruption trial of former police national commissioner Jackie Selebi said on Tuesday it will oppose a bid to get the judge in the case recused.
National Prosecuting Authority spokesperson Mthunzi Mhaga said the state would be filing heads of argument on Wednesday contesting the defence’s bid to oust Judge Meyer Joffe.
Mhaga said the state received the defence’s recusal application on Monday.
Asked on what grounds the prosecution would fight the recusal application, Mhaga said these would not be disclosed to the media at the moment as ”the matter is pending”.
”Tomorrow [Wednesday] we are filing our papers. It is best to present it in a proper forum, which is the court.”
The recusal application will be heard when the high court proceedings resume in Johannesburg on Thursday.
The Star reported on Tuesday that Selebi wanted Joffe recused because he suspected the judge was biased against him.
In his recusal application, Selebi apparently said that ”justice had to be seen to be done” in the case in which he is facing two charges of corruption and defeating the ends of justice.
This is in connection with at least R1,2-million he allegedly received from convicted drug trafficker Glen Agliotti and others in return for some favours.
The long-awaited trial started this month but was thrown several curve balls, including the alleged existence of a secret video recording involving Agliotti, the state’s star witness, talking to national intelligence officials.
At the time, Joffe expressed concern over the fact that this seemed to have been leaked to the press but that neither the state nor the defence had knowledge of the recording.
Selebi cited the judge’s comments as evidence of pro-state bias.
He also complained about the judge’s handling of another recording, which Joffe provisionally allowed as evidence.
A recusal is usually requested if the defence can demonstrate the judge is shown to be biased against the accused. If granted, the trial would need to start again with a new judge. — Sapa