Pietermaritzburg high court Judge Piet Koen has recused himself from further hearing former president Jacob Zuma’s arms deal-related trial.
This was because he had previously expressed views with regards to the merits of Zuma’s then pending private prosecution of lead advocate Billy Downer SC for contravening the NPA Act for allegedly “leaking” his private medical information to journalist Karyn Maughan.
Koen, in his ruling last year dismissing 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.
On Monday, in a summary of his reasons for stepping out of the trial, he said the private prosecution had now been initiated and Zuma was arguing that Downer, who is being prosecuted by him, could not continue to prosecute in the arms deal trial.
Koen said whether Downer should be removed needed to be assessed properly and dispassionately and perceived to be objectively evaluated.
“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,” he said.
“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.”
The matter has stood down for the new judge to take over the trial.
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Judge Koen recuses himself from Zuma's arms deal trial
Pietermaritzburg high court Judge Piet Koen has recused himself from further hearing former president Jacob Zuma’s arms deal-related trial.
This was because he had previously expressed views with regards to the merits of Zuma’s then pending private prosecution of lead advocate Billy Downer SC for contravening the NPA Act for allegedly “leaking” his private medical information to journalist Karyn Maughan.
Koen, in his ruling last year dismissing 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.
On Monday, in a summary of his reasons for stepping out of the trial, he said the private prosecution had now been initiated and Zuma was arguing that Downer, who is being prosecuted by him, could not continue to prosecute in the arms deal trial.
Koen said whether Downer should be removed needed to be assessed properly and dispassionately and perceived to be objectively evaluated.
“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,” he said.
“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.”
The matter has stood down for the new judge to take over the trial.
TimesLIVE
Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.
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