Zuma fails in latest bid to remove Downer from graft trial
Jacob Zuma's latest attempt to have the lead prosecutor in his corruption case removed has been dismissed.
The former president brought a fresh application against senior State Advocate Billy Downer last year after his previous bid failed.
He was able to do so after former trial judge Piet Koen recused himself from the case.
Judge Nkosinathi Chili, who is now overseeing the matter at the Pietermaritzburg High Court, delivered his ruling on Wednesday morning.
"Mr Zuma's application is anchored in what he terms in his founding affidavit paraphrased as follows: The private prosecution of Mr Downer. Allegations of disclosure of Mr Zuma's confidential and private information including Mr Zuma's health condition to Ms Maughan. Allegations of disclosure of information pertaining to Mr Zuma's prosecution to Mr Sole. Mr Downer is not indispensable.
"I am not persuaded that Mr Zuma exceeded in establishing that the retention of Mr Downer as the prosecutor in this matter could prejudice his right of a fair trial."
Zuma has accused Downer of bias and believes he won't get a fair trial if he leads the state's case.
In 2021, Zuma launched the first special plea application calling for Downer’s removal.
It was on the basis that he believed that he could not be fair and impartial in the matter.
He also accused him of leaking confidential information, namely his medical records, to News24 senior journalist Karyn Maughan, among other claims that the state denied.
Koen dismissed the application, and all appeals for dismissal were upheld.
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