Man in bid to hold court to ransom, asks judge to recuse himself

THE MAN accused of murdering motorcyclist Douglas Pearce on Valentine’s Day in 2014 has asked the judge presiding over his matter to recuse himself for allegedly being biased against him.

Meekahaefele Masooa’s murder trial appeared to be almost at an end yesterday, but after Judge Brian Spilg suggested a need for further expert testi- mony, Masooa began throwing around accusations of a conspiracy against him.

The State alleges Masooa shot and killed Pearce after a verbal altercation on Malibongwe Drive near Randburg, firing as the biker turned his back. Masooa has maintained that it was in self-defence, and that the biker had been attacking him face forward when his firearm discharged.

While the trial has been continuing for almost two years now, Judge Spilg yesterday suggested that a forensic expert may be required to clarify whether the bullet holes on Pearce’s jacket could reveal if he had been shot in the back or front.

Initially, State forensic expert Chris Mangena said it was indisputable that Pearce was shot while facing away from Masooa. However, after Judge Spilg’s suggestion, Masooa summoned his lawyer, Sabelo Dingiswayo, to explain that any such expert would prejudice his case.

But Masooa then insisted that his lawyer file an application to have the judge and his two assessors recuse themselves, as they had allegedly shown bias throughout the trial.

First, he said the court was trying to fill in the holes in the State’s case to ensure he was convicted of murder. Then he accused Judge Spilg of ordering police to search him after a document had gone missing, much to the confusion of everyone in court.

Dingiswayo could not remember the incident, nor could the State prosecutor or the judge himself. “I reject that out of hand… Your client must have misheard,” said Judge Spilg.

State advocate Arveena Persad said the court had been fair to Masooa, allowing numerous postponements and adjournments for him and his lawyer.

Then, in what appeared to be an attempt to hold the court to ransom, Masooa told Dingiswayo that if Judge Spilg did not insist on further expert testimony, he would drop the recusal application. Even Dingiswayo was shocked at Masooa’s behaviour, as he asked to be released from representing his client.

While Judge Spilg immediately announced he would not step down from the case, he did not allow Dingiswayo to withdraw as Masooa’s lawyer.

The trial continues on February 17 at the high court in Joburg for a ruling on whether new expert testimony is required.