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March 20, 2024

No victory for Zuma!

Jacob Zuma's application to have state prosecutor removed from Arms Deal case dismissed
Photo:GCIS

Former President Jacob Zuma's second bid to remove State prosecutor advocate Billy Downer from the Arms Deal corruption case has been dismissed once again. His application was dismissed by the Pietermaritzburg High Court today after Zuma claimed that Downer was biased against him and feared that it would infringe on his right to a fair trial.


NO LUCK


Zuma, who was not in court today, was presented by his lawyer advocate Dali Mpofu. Zuma's first attempt to have Downer dismissed was in May 2021, where he raised a special plea challenging his title to prosecute. He tried to appeal the court's decision but failed again. In October 2023, Zuma brought in another application for Downer to be removed, again claiming that Downer was biased.


NOT CONVINCED 


The Judge presiding over the matter Nkosinathi Chili said he was not persuaded and again dismissed the application. "Having had regard to submissions made by counsel, the relevant case law and most importantly the four pillars relied upon by Mr Zuma, 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." Judge Chili did not give reasons for his decision but said he will provide them on the final judgment at the end of the trial. The matter was postponed to 17 May for a pre-trial conference.

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