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Judge Chili said he was unable to conclude that Zuma’s right to a fair trial will be violated if state prosecutor Billy Downer was removed.
Judge Nkosinathi Chili said he was unable to conclude that Zuma’s right to a fair trial will be violated if state prosecutor Billy Downer was not removed.KwaZulu-Natal High Court Judge Nkosinathi Chili said after having considered all the grounds relied upon by former President Jacob Zuma, he was unable to conclude that Zuma’s rights would be violated if Advocate Billy Downer remains the prosecutor of the arms deal trial.
Chili said he was satisfied that there was merit in the submission that the grounds advanced by Zuma to remove Downer were officially dealt with in previous litigation.“In his own words, Mr Zuma stated in his founding affidavit that he is aware that some of his atmospheric issues had already been dealt with in previous litigation, albeit in pursuit of different causes of action.
“Having considered all the grounds relied upon by Mr Zuma, both individually and cumulatively, I am unable to conclude that Mr Zuma’s right to a fair trial will be violated. Those are the reasons for the order I granted on 20 March 2024.”Chili said Downer provided numerous practical reasons why he should be retained as a public prosecutor.
Chili said Zuma’s request for the removal of Downer as public prosecutor is “anchored” on a private prosecution of Downer. Chili was referring to Zuma having Downer prosecuted for allegedly leaking his medical records to News24 journalist Karyn Maughan. “This is an ulterior purpose, and the institution of the private prosecution was accordingly unlawful.
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