Magistrate quits case

2003-10-22 16:35

Johannesburg - The partly-heard trial of former Wits student Thapelo Moselenyane, 23, accused of taking a university staff member hostage earlier this year, will start again from the beginning on March 16 next year before a new magistrate.

Moselenyane, of Orange Farm, was charged with kidnapping the university's senior administration officer, Glenda Lane, and holding her at knifepoint in the dean's office for several hours on February 5.

The drama only ended after the intervention of Winnie Madikizela-Mandela.

Moselenyane apparently had been unable to roll over his student loan due to a lack of surety.

Lane appeared in court on June 25 to testify about her ordeal and was cross-examined by defence attorney Votani Majola.

On August 25 the case was postponed until October 22 because the state prosecutor was undergoing surgery.

On Wednesday the defence counsel called on magistrate Marthinus van Wyk to recuse himself, in support of which he read to the court Moselenyane's affidavit claiming the magistrate had been "irritable and angry" and appeared "biased towards the state prosecutor."

Moselenyane further claimed to have gained the impression that the magistrate did not have an "impartial mind" and would therefore not conduct "a fair trial and unbiased hearing."

Also, the affidavit said, the magistrate "appeared to be highly irritated with a defence submission that arrangements should have been made for another prosecutor to continue with the trial.

"Defence witnesses had been present in court and had second thoughts about testifying.

"Justice must be seen to be done by the eyes of the man in the street," the affidavit said.

Van Wyk said he would therefore recuse himself because of these perceptions.

- SAPA