CAPE TOWN - Convicted wife murderer Jason Rohde has lost his bid for Western Cape High Court Judge Gayaat Salie-Hlophe to recuse herself from his bail extension application while the Constitutional Court considers an appeal against his guilty verdict.
Rohde is out on bail, which he wants extended, until the Constitutional Court decides whether it will hear his appeal.
This follows the Supreme Court of Appeal (SCA) having rejected his claims that his wife Susan hanged herself, finding that the State proved “beyond reasonable doubt” that he strangled her.
While challenging the SCAs finding in the Constitutional Court, he put in an application to have a different judge decide over his bail extension hearing, arguing that Judge Salie-Hlophe had been biased towards him.
In a judgment handed down on Thursday afternoon, Judge Salie-Hlophe said the court was perfectly capable of making the right decision, and she was not convinced of the arguments presented by Rohde.
“I am not persuaded, on a conspectus of all the arguments raised, that the applicant has discharged the onus of rebutting the presumption of impartiality and consequently the application fails,” her judgment read.
The State had opposed the recusal application, and the bail application matter has been postponed to November 11.
The National Prosecuting Authority said it would oppose the bail application.
Rohde is facing 15 years behind bars for the 2016 murder of Susan. She was found dead in the bathroom of the couple’s Spier wine estate room after an argument with Rodhe over his infidelity.
The cord of a hair-curling tool was found around her neck.