Judge Joffe fights back

Published Oct 29, 2009

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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 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 , 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 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. - Sapa

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