Pietermaritzburg - A Pietermaritzburg regional court magistrate recused himself from sentencing a former Mountain Rise policeman after a State prosecutor alleged the man deliberately rammed into his vehicle.
Magistrate Bhekizitha Phoswa convicted the former Mountain Rise Inspector, Leon Govender, 45, of Northdale, and his co-accused, Brenton Frank, 42, of dealing in dagga and possessing drugs earlier this year after the pair pleaded guilty to the charges.
The pair were due to be sentenced on Thursday.
But instead, Govender brought an application for Phoswa to recuse himself from sentencing following the “accident” in which Govender allegedly side-swiped Phoswa’s new Mercedes-Benz in Pietermaritz Street on June 3.
Govender brought the application for recusal on the basis he had a “reasonable apprehension” that Phoswa would no longer be able to deal with his sentencing in an impartial manner.
Govender alleged that there could be civil litigation and possible criminal charges pending, where Phoswa may likely be called as a witness.
State prosecutor, Yuri Gengai, told the court Govender had deliberately crashed into Phoswa’s car to force the magistrate to recuse himself from the case in order to delay proceedings.
Gengai revealed he would apply for Govender’s bail pending sentencing to be cancelled, as Govender had “interfered with a magistrate and was abusing the bail system and bringing the justice system into disrepute”.
Phoswa said he had not recognised Govender at the time of the collision.
But he believed it was in the interests of justice that he recuse himself.
“I was astounded when I found out that I was being asked to recuse myself from the case. Judicial officers take an oath, to uphold the law and constitution without fear, favour or prejudice and act impartially.”
Phoswa will sentence Frank on July 8 and Gengai will apply to cancel Govender’s bail before another magistrate next Friday.