Judge rejects 'late' recusal application in accused husband killer case

RULING on the interlocutory application for his recusal in the case against accused husband killer, Zurenah Smit and her co-accused Derek Sait, Western Cape High Court Judge Derek Wille found they had failed to demonstrate a violation of any of their fair trial rights in accordance with section 35 of the Constitution.

- CHEVON BOOYSEN

Judge Wille yesterday refused the application on a number of grounds, including that the application was piloted at a very late stage.

During proceedings, Judge Wille said the “subjective anxiety” of Smit regarding the number of rulings and an order in terms of a failed section 174 application which was not in her favour, are not grounds for recusal.

His order further read: “The refusal of the section 174 discharge application does not constitute a valid ground for the recusal of a judicial officer. If the recusal application were to be granted, it would hinder, rather than aid, the proper administration of justice.”

Yesterday morning, Smit’s counsel, Susan Kuun, read their arguments into the record, which was supported by co-accused Sait.