Magistrate refuses to recuse herself

Prosecutor in O’Sullivan fraud case accuses presiding officer of siding with defence.

Randburg Regional Court Magistrate Gayle Pretorius has announced she had referred her decision not to recuse herself from forensic consultant Paul O’Sullivan’s fraud trial, as requested by prosecutor Jabulani Mlotshwa, to the high court for review.

Advocate Barry Roux, for O’Sullivan, and Mlotshwa were set down for final arguments yesterday when this was announced.

Mlotshwa claimed the magistrate had shown bias in favour of the defence.

In his review application, he said he was of the view that Pretorius was “very hostile towards the state and very amenable towards the defence”.

As she “had already formed a view towards the outcome of the matter, the court was no longer an impartial arbiter”, he added.

Mlotshwa based his reasoning on Pretorius’ refusal to postpone the case when Mlotshwa had been called by National Prosecuting Authority head Shaun Abrahams to answer queries about his fitness as a prosecutor and that the magistrate “was in a hurry to finalise the matter”.

He also cited her refusal to allow Mlotshwa to ask questions of the complainant in the case, Alice Johnston, which would allow for the impeachment of her credibility or to declare her a hostile witness.

A judge in the High Court in Johannesburg will on June 7 review Pretorius’ conduct regarding Mlotshwa’s handling of his state witness during O’Sullivan’s fraud trial.

O’Sullivan was charged with fraud for allegedly misrepresenting himself as working for Johnston, while apparently working for her alleged former lover and prominent businessperson James Murray.

Murray had been shot several times in 2014 and Johnston had been arrested by the Bedforview police.

In an effort to clear her name, Johnston had hired O’Sullivan who, she alleged, was already working for Murray. O’Sullivan was alleged to have met Johnston and accused her of involvement in Murray’s shooting. –