Isis-linked accused on trial for UK botanists' murders want state prosecutor to recuse himself

Lawyers representing Islamic State-linked accused charged with the murders of British botanists Dr Rodney Saunders, 74, and Rachel Saunders, 63, want state prosecutor Mahen Naidu to recuse himself.

Sayfudeen Aslam Del Vecchio, 41, his wife Fatima Bibi Patel, 31, and their Malawian boarder Ahmed “Bazooka” Mussa Jackson, 36, are charged with the 2018 murder in KwaZulu-Natal, of the renowned couple.

The trio also face charges of robbery with aggravating circumstances and malicious damage to property.

The matter resumed at the Durban high court this week after being adjourned in June.

A strong security presence has been deployed around the court room.

On Tuesday, the trial was adjourned when Bulelani Mazomba, who represents Del Vecchio and Patel, told the court his clients had instructed him to file a motion calling for Naidu’s recusal. He could not provide a reason and asked for an adjournment to obtain a proper briefing from his clients.

Mazomba also told the court that while trying to draft papers in preparation for the trial he had encountered challenges.

“After I drafted my papers it became apparent that some of the information is not a true reflection of what transpired,” said Mazomba.

He said this exercise was not easy and had further been complicated by the detention of his clients.

“To be realistic, there is no application of this magnitude which can be drafted in three days. I am nowhere near done. I can’t even pick up the phone and talk to them,” he added.

Patrick Mkhumbuzi, legal representative for Jackson, echoed the sentiment, saying all parties had resolved to serve a joint application.

“This would also save us time,” said Mkhumbuzi.

Judge Esther Steyn warned against an eventuality of a conflict of interest among the legal practitioners when furnishing their documents.

Mkhumbuzi said while steps had been made to ensure the draft was written, there had not been enough time allocated.

“We wish the court to give us more time,” he said.

The matter has been marred by a series of delays which included a new presiding officer after judge Sharmaine Balton recused herself.

According to the National Prosecuting Authority, Balton informed the parties that she was recusing herself as it was brought to her attention that she had dealt with a related Asset Forfeiture Unit preservation application.

The trial has also been dogged by delays by the accused who often sought consultations with their attorneys.

Prosecutor Naidu said the state had its hands tied in the matter.

“Already we are on the fourth day without proceedings going ahead," Naidu said.

Steyn said other matters would get precedence if this matter did not go ahead.

The judge adjourned the matter until Thursday.

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