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Magistrate seeks recusal of Zuma prosecutor

GIORDANO STOLLEY | DURBAN, SOUTH AFRICA - Sep 04 2008 15:22

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A Pietermaritzburg magistrate, a former member of the Scorpions, has launched a legal bid to block state prosecutor Billy Downer from taking part in the case against African National Congress president Jacob Zuma.

In papers lodged in the Pietermaritzburg High Court, Magistrate Ashin Singh has applied to be admitted as an amicus curiae (friend of the court) in the Zuma case.

In his papers he claims: "Unless one of the members of the team of prosecuting counsel is removed from that team, the accused will not be afforded a fair trial. The member of the team of the prosecuting counsel that I refer to is Mr WJ [Billy] Downer SC."

Singh says he wishes to "lead evidence in limine [at the threshold] in the matter of the question of whether the court should not order that Advocate WJ Downer SC is interdicted from taking any further part in the criminal trial of State vs Zuma and Two Others".

The legal battle between Singh and the Scorpions date from 1999 when Singh was seconded to the Investigating Directorate for Organised Crime and Public Safety in KwaZulu-Natal. The directorate, headed by Chris MacAdam, later formed part of the Scorpions.

Singh was subsequently expelled, arrested, charged and prosecuted on 12 charges of defeating or obstructing the course of justice, unauthorised disclosure of information, making a false statement under oath and contravening sections of the Protection of Information Act and the Interception and Monitoring Prohibition Act.

He won a permanent stay of prosecution when the trial magistrate ruled in 2003 that evidence against him had been obtained illegally.

Singh then launched private prosecution against former national director of public prosecutions Bulelani Ngcuka, KwaZulu-Natal Scorpions head Clifford Marion and other senior officials of the National Prosecuting Authority, including Billy Downer -- who prosecuted Schabir Shaik.

On August 4 2006, Acting Judge Nigel Hollis dismissed Singh's application, saying in a reserved judgement that Singh had failed to satisfy the legal requirements for launching the prosecution.

CONTINUES BELOW

In a case before the Pietermaritzburg High Court, Singh is claiming R2,87-million from the minister of justice and constitutional development.

His claim is made up of R2,5-million for insult and R370 000 in costs to defend himself from prosecution in relation to his being arrested and charged. - Sapa

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Comments

With 'friends' like that who needs enemies? Is this the best kind of person who can stand alongside Zuma. My advice to Zuma would be "keep better company"!

Andrew Lawrence on September 4, 2008, 4:30 pm

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