KZN High Court Judge Piet Koen has recused himself from the corruption trial of former president Jacob Zuma citing as reasons his ‘own conscience’, requirements of the ‘sound administration of justice’ and the Constitution.

“No reasonable negative inferences as to whether the trial is constitutionally fair should be allowed to arise,” the judge said.

Koen explained he has during earlier litigation in the trial expressed strong views about various issues including his findings during the ‘special plea’ when he refused the defence application to remove advocate Billy Downer, SC, as prosecutor in the case; the fact that there were now a ‘unique’ and concerning situation where Downer is the subject of a private prosecution by Zuma in a pending matter, and his (Judge Koen’s) previous findings in respect of the alleged ‘leaking’ of Zuma’s confidential medical information to News24 journalist Karyn Maughan by Downer.

Koen said the mere apprehension of bias was sufficient to require a judicial officer to recuse himself from a matter to ensure public confidence in the justice system.

He added that the views he had previously expressed could reasonably be perceived to influence findings which he will be required to make in the future including that of whether Zuma receives or has received a constitutionally fair trial.