Judge Koen recuses himself from Zuma’s arms deal trial

Judge Piet Koen – the presiding judge in the arms deal corruption case against former president Jacob Zuma and French arms manufacturer Thales – has recused himself from the trial.

Judge Koen announced his decision to recuse himself from the matter on Monday morning in the KwaZulu-Natal High Court in Pietermaritzburg.

Judge Nkosinathi Chili was appointed as the new presiding judge. The trial was adjourned to 17 April 2023.

Arms deal corruption trial 

When the trial adjourned last October, Koen had asked the state and the defence to make submissions on whether he should recuse himself from presiding over the matter.

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This after Koen indicated that he might have to recuse himself for the “strong views” he made when he dismissed Zuma‘s bid to get arms deal lead prosecutor, advocate Billy Downer, removed from the corruption and fraud trial.

This also includes the views the judge made about the merits of Zuma’s private prosecution case against Downer and journalist Karyn Maughan for allegedly leaking the former president’s private medical records.

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The state had called for Judge Koen to continue to preside over the trial, while Zuma’s legal team wanted the judge to recuse himself arguing that he was conflicted due to his comments.

‘Integrity of judicial processes’

Koen said he was stepping down from the trial to protect the “integrity of the judicial process against any reasonable taint of suspicion”, so that the public and litigants may have the highest confidence in the integrity and fairness of the courts.

“I’ve come to the conclusion, and it was not an easy decision, that I have to recuse myself from the trial.

“It is what the sound administration of justice, the requirements of the constitution and my conscience dictate,” he said.

Zuma and a representative of Thales were not expected in court on Monday as they were excused from the proceedings.

Question of bias

Among his reasons for recusing himself from the trial, Judge Koen said the matter was not about whether he was biased against Zuma for the views that he had expressed.

Instead, he said it was about whether a “reasonable apprehension” of bias may arise because of his previous comments.

“If such suspicion is reasonably apprehended, then that means the end of my involvement in this trial,” said Koen.

The question of whether advocate Downer should remain as a prosecutor in the arms deal trial or whether he should be removed is “inextricably linked” to the merits of Zuma’s private prosecution case against Downer and Maughan, Koen added.

Judge Koen said the 14 grounds Zuma’s legal team relied on to have Downer removed in the special plea application, might also arise in his bid to have the prosecutor withdrawn from the corruption trial.

“As regards whether Mr Zuma receives a constitutionally fair trial, as guaranteed in terms of the constitution, the factual premise underlying each of the 14 grounds of complaint previously raised by Mr Zuma when advancing his case in relation to the special plea might also reasonably arise.”

Zuma’s special plea application

In October 2021, Koen dismissed Zuma’s special plea application to have Downer removed from the arms deal trial.

The former president had argued, among other reasons, that the state prosecutor lacked the title and impartiality to prosecute the case.

Koen disagreed with the grounds Zuma’s legal team relied on to have Downer removed, finding that they were based on “inadmissible hearsay evidence and not on fact”.

Zuma’s subsequent leave to appeal applications before the Supreme Court of Appeal (SCA) and a reconsideration of that decision by then-SCA President Mandisa Maya were also unsuccessful. The matter is currently before the Constitutional Court.

Zuma and Thales are on trial over the controversial multibillion-rand arms deal concluded in the late 1990s.

The former president and the French arms manufacturer are facing multiple counts including fraud‚ corruption, money laundering and racketeering.

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