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Judge in Stella Londt murder trial rejects recusal application


The Judge in the Stella Londt murder trial has dismissed an application by one of the accused for her to recuse herself from the case.

Judge Bulelwa Pakati made her ruling in the Gqeberha High Court on Friday.

Luxolo Kruisjan brought the application before the court based on his perception that Pakati was biased against him.

Kruisjan said his assertion developed over some time, specifically during his trial-within-a-trial.

Also read: Stella Londt murder accused claims he was tricked into giving fingerprints

In his application, which was read into the court record, Kruisjan further said: "My impression is that she has specifically during the trial-within-a-trial despite common cause evidence that the State infringed on my rights and the fact that my defence witness was a true and reliable witness already decided, probably unconsciously, even before the trial-within-a-trial began that the confession as alleged by the State was admissible against me."

Pakati had earlier ruled that a confession statement that Kruisjan made to police would be admissible against him in court. The ruling came after a trial-within-a-trial was held. 

In her ruling on Friday, Pakati said Kruisjan failed to discharge the onus that rested on him to prove this perceived bias.

91-year-old Agnes Burns and her 87-year-old friend Rosemary Langton were killed during a robbery at the frail care centre in October 2019.

Their bodies were found bound and gagged in separate bedrooms, which had been ransacked.

Several valuable items, including Kruger Rands, had been stolen.

Kruisjan's co-accused are Nomcebisi Slangveld, Mkuseli Damaneti, Akhona Mnxeba, and Nyasha Manyange.

Slangveld was a former caregiver at the centre.

The trial will resume on Monday.