Murder accused Jaén-Lee Pyne now wants second magistrate removed in delayed assault case
Jaén-Lee Pyne, already facing murder and attempted murder charges, returned to the Heidelberg Magistrate’s Court on July 11, this time pushing for magistrate Michael Twala’s recusal in a case dating back to 2023.
Jaén-Lee Pyne, accused of the murder of Ettiene du Preez and the attempted murder of Flip Minnaar, appeared in the Heidelberg Magistrate’s Court on July 11.
This appearance relates to separate charges of assault and malicious damage to property dating back to January 2023.
The case has been on the court roll since January but has been plagued by multiple delays and postponements.
Pyne previously applied for the recusal of the presiding magistrate, a request that was granted, leading to the magistrate stepping down from the case.
Pyne has changed private attorneys multiple times throughout the proceedings. Although Legal Aid South Africa provided him with an attorney at the State’s expense, he dismissed that counsel.
He has since retained a private attorney, who on Friday submitted a recusal application against Magistrate Michael Twala.
It was brought to Twala’s attention that his conduct towards Pyne was considered inappropriate. Pyne, through his attorney, expressed concerns that a fair trial would not be possible while Twala remains presiding over the case.
He also alleged that the presiding magistrate disregarded the defendant’s rights and showed bias against Pyne. As a result, the proceedings were postponed to July 17 to allow the magistrate to rule on the recusal application.
In closing, Twala emphasised that the case had been on the court roll since January 2023, plagued by continuous delays, and stressed that the case needs to come to trial so that it can be concluded.
The defence was instructed to specify the grounds on which they allege bias and neglect, so the court can clarify these concerns. Additionally, a Legal Aid SA representative will attend to provide their version regarding the attorneys working with them.
While Pyne remains out on bail for the current case, he is still in custody on separate charges. He is also the accused in the murder of Musa Gumede, whose body was discovered buried on a property where Pyne lived in Heidelberg in February 2024.
ALSO READ: Heidelberg moordverdagte weer in hof onder streng sekuriteit
