Judge Meyer Joffe will stay on as the presiding officer in the corruption trial of former top cop Jackie Selebi.

"The application for my recusal is dismissed," Joffe said on Friday in the High Court in Johannesburg, refusing the defence's request.

"I am unable to conclude on the papers before me that? all the complaints of the accused show actual bias, or be it subconscious bias or give rise to a reasonable apprehension of bias," he said.

Last week the defence had brought the application saying Selebi perceived the judge to be biased.

During arguments in court on Thursday, however, the State opposed the defence's application, saying it held "no merit" and its argument was weak.

In a judgment which took 90 minutes to deliver, Joffe cited a wide variety of case law and dealt in extensive detail with each of Selebi's complaints against him.

Speaking calmly but in no uncertain terms, Joffe dismissed Selebi's complaints against him, as "unfounded", "wrong" and "incomprehensible".

He said Selebi took remarks he had made "out of context".

Joffe said he had not yet given weight to any evidence related to the charges Selebi faced during proceedings.

"The trial is still in its infancy and credibility findings are obviously premature."

Accusations that Joffe supported the prosecution were "without basis" and complaints that he should have formally raised concerns about prosecutor Gerrie Nel's conduct ? even if the defence was not doing so ? were "incomprehensible".

He described allegations that his decisions to postpone the trial at certain times were in some way untoward, or that he might have blamed Selebi at one stage for a delay, as "factually incorrect".

?It [the allegation around delays] is not only without merit and substance, it is most unfortunate,? he added.

Joffe also stood by several decisions he made in the ten-day-old trial. For example he said his decision to admit a January 2008 video recording of state witness Glenn Agliotti talking to intelligence officials only as provisional evidence was "the correct and cautious approach".

The defence's claim that he might be influenced "subconsciously" by the media was insubstantial.

"I can say categorically that I have not had regard to the media in connection with the accused."

'Rude' and 'hostile'

Addressing complaints that he sometimes dealt with the defence in a "hostile" or "rude manner", Joffe said trials often were "emotional and heated".

He had "not taken kindly" to certain interruptions and remarks defence lawyer Jaap Cilliers made to him.

"I was entitled to rebuke counsel. [The comments] are understood and dealt with by the judge and counsel and counsel takes them in that light."

He said remarks that showed some suggestion of irritability would have to show a "pattern of conduct" to hold merit in a recusal application.

He said Selebi's position as the former national police commissioner meant he should have known better than to perceive bias.

"He cannot be categorised but as a man of ability and intelligence and aware of the hurly burly nature of litigation.

"If I [was perceived] do an injustice to the accused?He would be receptive to an explanation by his counsel in this regard."

Joffe said judges were not simply "silent umpires" but had to be ?administrators of justice?.

"Judges are human and they bring their life experiences to the bench? What judges are required to be is impartial to approach the matter with a mind open to persuasion of the evidence."

Joffe said the expectation was always that the trial would be difficult.

"It was apparent the trial would be long and arduous. It was extremely apparent it would be subject to media coverage. It was clear it would take a toll on all parties."

He said this did not mean he could recuse himself, just because the accused complained about him.

"Once having commenced with the trial the present application does not present [me with sufficient reason]? to depart and head to calmer waters no matter how strong the temptation to do so may be."

After the judge gave his decision, he called counsel into chambers.

Court proceedings were set to resume on Monday morning with the cross-examination of State witness Glenn Agliotti.

Agliotti, the first witness, has already testified for seven days.

Selebi is facing 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.

Read more from the Selebi trial...