Isis-linked couple go for judge No 2 after losing bid to remove prosecutor

Just hours after Durban high court judge Esther Steyn refused an application by an Isis-linked couple to have the prosecutor thrown off the case, they are now gunning for her.

Sayfudeen Del Vecchio and his wife Fathima Bibi Patel, who are charged with the February 2018 kidnapping and murder of international botanists Rachel and Rodney Saunders, lost an application to have prosecutor Mahen Naidu recused on Monday.

Steyn, who ruled against their bid last week to have another judge hear the recusal, in the interests of the couple's rights to swift and fair justice, said Naidu would continue in the trial. 

After an adjournment, when Naidu was to call a new witness, attorney Shaheen Seedat informed the court his clients instructed him to bring an application for Steyn’s recusal.

This was not opposed by his defence counterpart, who represents co-accused Malawian Ahmad Jackson Mussa, also known as “Bazooka” — who faces kidnapping and murder charges alongside the pair — nor Naidu.

Seedat said there were limitations to consult with his clients at the Westville correctional facility, where they are being detained.

“It’s very difficult because the security is often tight around the accused. They also have to do lengthy checks and balances. They also have to phone the legal counsel just to confirm if I am a real attorney,” said Seedat.

The trial has seen a succession of delays, ranging from threats to the court to the accused being sick or changing their lawyers.

In their heads of argument Del Vecchio and Patel claimed ill-treatment at the hands of correctional services and police for not responding to their requests for prayer mats or legal consults.

They have accused Steyn of turning a blind eye when they raised the matter in court.

The couple previously brought an application to have the former presiding officer, judge Sharmaine Balton recused, as she previously heard a matter relating to their asset seizure.

Thus far Steyn has heard testimonies from 48 witnesses over 38 days.

The case has been adjourned to Tuesday.

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