Judge Meyer Joffe on Thursday angrily challenged several aspects
of the defence's argument to have him recused from the corruption trial of former top cop Jackie Selebi.
Visibly infuriated at times, Joffe fired a rapid line of
questions at defence lawyer Jaap Cilliers about arguments made that the judge showed pro-State bias.
"How can you suggest to me that I am at fault? How can you take me to
task?" Joffe asked as he banged his hand down on his bench when
told
by the defence he should have castigated the prosecution team at
times
for their conduct.
"I find it remarkable that you take umbrage at me for not doing
so."
Instead, Joffe said, if the defence had a problem with the
prosecution
over certain incidents, they should have formally raised these at
the
times they occurred when he could have dealt with them.
"If you felt hard done ? and you may have felt hard done by ?
a man
with your experience, you would have said we felt hard done [at the
time]."
At other times, Joffe seemed to make deliberate attempts to
invite the
defence to make as full an argument as they wished.
"I don't want you to think I'm cutting you short. If you want to
deal with legal principles deal with it. If you want to deal with
anything deal with it," he said with a smile.
Cilliers also criticised the judge's handling of a City Press
article on
which the defence wanted to cross-examine State witness Glenn
Agliotti.
The article detailed a secret tape which showed Agliotti talking
to
the National Intelligence Agency (NIA) in January 2008.
In the article, the journalist said Agliotti appeared
"enthusiastic" in the recording in requesting a meeting with
intelligence officials.
In previous testimony Agliotti said he was summoned to a meeting
with
intelligence later that month.
Joffe stopped a question from the defence to Agliotti about his
"enthusiasm" which he said was merely about a journalist?s
impression, rather than factual.
"I allowed it to an extent that I felt was correct," replied
Joffe.
Joffe also questioned Cilliers on whether he accepted that
Selebi?s position as the former national police commissioner and
within the ANC should be taking into account in determining if his
perception of bias was reasonable.
"To look at a person, if I take that person's circumstances
[into account], some people have more knowledge, more life
experience than others."
Cilliers told Joffe that he did not have the "full advantage" of
knowing
Selebi.
"He was commissioner. He was never a career police person."
He later also said that "the accused is in no better position
than a
normal intelligent accused. There is no indication that he has got
legal qualifications".
Citing a variety of case law, Cilliers put to the court: "An
apprehension or a suspicion of bias is enough to lead to a recusal
if you refer to the
authorities that we deal with".
The media also came in for criticism from the judge.
He told Cilliers he was avoiding consuming any media about the
case "as much as possible. Frankly I hear quite enough from the
time I get here to the time I get home".
"I?m considering, when the trial ends, calling the press in and
explaining to them how to report. There are some [reporters] that
are very good and there are some that are very bad."
The State is expected to follow with arguments in opposition to
the bid.
Selebi faces a charge of corruption and another of defeating the
ends of justice in connection with at least R1.2-million he
allegedly received from convicted drug trafficker Agliotti and
others in return for favours.