Frivolous, ill-conceived, and grasping at straws to prove bias on the side of the presiding officer.
These were just some of the comments made by Judge Denzil Potgieter when he dismissed the State's application to recuse himself from the Malibongwe Dwabayo murder trial.
"It was a proverbial bolt out of the blue to hear the State was seeking my recusal," Potgieter said.
State Advocate Ismat Cerfontein brought the application for Potgieter to recuse himself while the trial was underway last year, based on a reasonable apprehension of bias.
Also read: Balcony murder trial: State wants Judge to recuse himself
Dwabayo, 55, is accused of killing his 39-year-old girlfriend, Andiswa Mpiyana by throwing her off the balcony of his fourth-floor apartment in Central.
Her body was discovered in the parking lot of the block of flats on 3 July 2022 and the State alleges that the murder was premeditated.
Police had initially opened an inquest docket pending further investigation, but further probing by the investigating officer, Detective Constable Ridwaan Baatjies led police to believe that she did not commit suicide, instead, foul play was suspected.
According to Cerfontein, the defence sought to attack Baatjies' credibility during cross-examination by bringing up the issue of his disciplinary hearing within SAPS and further stating that he had brought the SAPS into disrepute.
In his judgment, Potgieter recapped the State's reasons for bringing the application, stating that none had any merit.
Mention was made of how the case was delayed due to Baatjies wanting a legal representative in court while he testified, to protect his interests (with reference to a disciplinary hearing with SAPS).
Potgieter said Baatjies would have been well aware that his version would be tested by a competent defence council, and this was likely what caused his anxiety.
He said this nervous apprehension and Baatjies' hyper-sensitive state before he even started giving his testimony placed the State on the back foot.
According to Potgieter, he approached the application with an open mind, guided by the applicable legal principles.
He further said he treated Baatjies, like all other witnesses in cases that he presides over with the "utmost respect".
"It is simply against my nature to be disrespectful towards anyone," Potgieter stated.
The State's application resulted in unnecessary delays and fruitless appearances, it disrupted the court's programme and it infringed on Dwabayo's rights to a speedy trial, the court ruled.
Potgieter emphasized that it would be in the interest of justice to bring the trial to a speedy conclusion, and postponed the case to 12 May.
Dwabayo's bail was extended.
