LISTEN | Zuma arms deal judge Piet Koen considering recusal

The judge presiding over former president Jacob Zuma’s arms deal-related trial has indicated he is considering recusing himself.

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Judge Piet Koen has given the parties until November 3 to file submissions in this regard,  and has adjourned the trial to January 30 next year.

The judge first raised the issue of his possible recusal on Monday when the state argued the trial should proceed in early November.

This was opposed by Zuma’s lawyers, who pointed to the fact their client had lodged an appeal with the Constitutional Court against Koen’s ruling, in a “special plea” by Zuma,  that lead prosecutor Billy Downer had “title to prosecute” him and any allegations of bias should be dealt with during the trial.

In that ruling he also dismissed Zuma’s complaint that Downer had “leaked” court documents containing Zuma's confidential medical records to journalist Karyn Maughan.

Zuma has initiated a private prosecution against Downer and Maughan, and indicated he will again fight to have Downer removed from the trial on the basis he cannot be prosecuted by someone he is prosecuting.

On Monday Koen said this placed him in a tricky situation, because he had already expressed a view on the matter.

In his ruling on Wednesday, adjourning the trial until next year, he referred to a “number of developments” which had taken place recently, including the private prosecution and Zuma’s pending application before the Constitutional Court.

The issue of Downer’s continued participation in the trial had brought into “sharp focus” whether it would be proper for him to decide on these issues, Koen said, “and whether Mr Zuma will receive a constitutionally fair trial at the end of the day, having regard to previous findings I made in the special plea”.

“The issue is mainly one of my own conscience, but I invited the parties to address any written submissions they may wish to make about my possible recusal by Friday.

“Upon careful reflection, the issue of my continued involvement needs, in the interests of justice, to be addressed before any further directions can be issued about the resumption of the trial,” he said.

While he appreciated this would “take up time”, resulting in further trial delays “which the state has been at pains to prevent”, the delay was inevitable and required in the interests of justice.

Koen said in any event, the December recess was looming and counsel were not available.

“The integrity of the trial must be beyond criticism and reproach and it’s my task to ensure that,” he said, extending the period for the parties to make submissions on his possible recusal to November 3 this year.

He said by adjourning the trial until the end of January next year, he would have time to consider the submissions and hand down judgment.

He excused Zuma and a representative of Thales, the French arms company charged together with Zuma with fraud, corruption and money-laundering, from attending on that day.

Both Downer and Maughan have filed applications to quash the charges in the private prosecution.

These applications are to be heard in early December. 

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