Judge Meyer Joffe’s fate takes centre stage in the corruption trial of former police national commissioner Jackie Selebi when court proceedings resume in Johannesburg on Thursday.
The state had indicated it would oppose the defence’s bid to have the judge recuse himself for allegedly showing bias against Selebi.
The recusal application last week brought proceedings in the South Gauteng High Court to a temporary halt.
If the recusal were to be granted, the trial, which got under way after years of postponements, would start all over again in front of a new judge.
Selebi is facing charges of corruption and defeating the ends of justice in connection with at least R1,2-million he allegedly received from convicted drug trafficker Glenn Agliotti and others in return for favours.
Previously Selebi had expressed anger at delays in his trial.
”Let the people have the courage to put the allegations they have to me in an open court of law — that’s why I’m angry,” he said in May, when the trial was postponed to October. He even abandoned a demand for outstanding documents that could help his case, apparently just so the trial could start.
In May Joffe also warned the state — which at that stage was involved in obtaining certain files from the police — that no further delays would be tolerated in October.
”Let there be no misunderstanding in that regard,” Joffe told state prosecutor Gerrie Nel at the time.
Selebi was supposed to have gone on trial on April 14 this year.
The investigation started in 2006 and Selebi first presented himself to court in 2008.
Since the case started this month, reports surfaced 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 it seemed to have been leaked to the press and that neither the state nor the defence had knowledge of the recording.
Earlier this year, Interpol secretary general Ronald Noble criticised Selebi’s slow prosecution, saying he did not understand why it was taking so long.
”I’ve never seen happening what is happening in South Africa. I sure hope that South Africa is still a country where people are innocent until proven guilty.”
Selebi was Interpol president from 2004 until January 12 2008, but resigned after being suspended over the graft allegations. — Sapa