One of the five accused in the Stella Londt murder case will have to wait until Monday to find out whether the presiding officer will recuse herself.
Agnes Burns, 91, 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.
The trial against Nomcebisi Slangveld, Mkuseli Damaneti, Akhona Mnxeba, Luxolo Kruisjan, and Nyasha Manyange has seen a number of delays since it started in September 2022.
On Friday, Kruisjan brought an urgent application before the Gqeberha High Court for Judge Bulelwa Pakati to recuse herself, based on his perception that she was biased against him.
Kruisjan's legal representative, Advocate Nash van Dayer, said his client's 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.
Mention was made of the proceedings on 18 April when the investigating officer, Warrant Officer Ridwaan Baatjies gave testimony and 3 May when Bulelwa Kruisjan testified on the accused' his behalf.
Also read: Stella Londt murders: IO concludes cross-examination
He also said Pakati displayed a "difference in attitude" when dealing with State Prosecutor Marius Stander as compared to his advocate (Van Dayer) and the defence advocates for his fellow accused.
According to Kruisjan, Pakati's attitude towards Van Dayer was "less favourable.
In opposing the application, Stander said that based on the factual metrics, there was no basis for the application to be brought before the court.
He also said from a legal position it did not meet the stipulated requirements.
Stander noted that none of the other four accused had a "gripe" and stated that Kruisjan was now realising that things were coming to an end and that the State was close to closing their case.
"I want to place it on record now that this is an attempt to delay the finalisaiton of the proceedings.
"These delay tactics can result in an unfair trial for the prosecution, the family of the deceased, and his co-accused."
Stander added that none of the other four accused had a "gripe".
"It's just him, and it's in his head.
"Accused number four wants a robot to sit on the bench and just keep quiet and not interact with counsel."
Calling the application a fishing expedition, Stander asked that it be dismissed.
Pakati will deliver judgment on Monday.
