The Pietermaritzburg High Court has dismissed former president Jacob Zuma latest bid to remove lead prosecutor Advocate Billy Downer from his arms-deal corruption case.
Zuma applied for the removal of Downer accusing him of being biased for allegedly contravening the National Prosecuting Authority Act, by leaking a document containing his private medical records to journalist, Karyn Maughan.
Zuma also argued that he could not be prosecuted by someone he was prosecuting.
Judge Nkosinathi Chili however dismissed Zuma’s application and made a short ruling.
“I am not persuaded that Mr Zuma succeeded in establishing that the retention of Mr Downer as the prosecutor in this matter could prejudice his right to a fair trial enshrined in Section 35 (3) of the Constitution.
“I, therefore, make the following order: the application for the removal of Mr Downer as the public prosecutor in the criminal prosecution of Mr Zuma and Thales SA Pty (Ltd) is dismissed. Reasons shall be incorporated in my judgement,” ruled judge Chili.
This was Zuma’s second bid to have Downer removed, after the previous presiding Judge Piet Koen dismissed Zuma’s special plea to have him removed from the case.
Zuma’s legal representative Advocate Dali Mpofu told the court that they will lodge leave to appeal today’s judgment.
Downer however argued that the state will oppose the appeal application and want the matter to resume as soon as possible.
The matter was postponed to 17 May for a pre-trial conference.
