The defence in the Phakiso Molise trial has called for the recusal of chief magistrate Molefi Makara from presiding over the case.  

Advocate Zwelakhe Mda said the defence does not have any confidence in the Chief Magistrate coming to a fair judgment in the case as he was given a directive by the Chief Justice, Mr. Mahapela Lehohla, to preside over the case.

Chief Magistrate Makara also discussed the matter with magistrate, Mr. Lesala Nthabi, to whom the case was initially allocated, under the circumstances, Mr. Makara must have been influenced in advance, on the kind of judgment he was to impose on the accused, advocate Mda said.

Molise, convicted for the murder of three senior police officers, on two counts of attempted murder, and one of kidnapping, is accused of escaping from prison three years ago. Co-accused Thabiso Mothobi is accused of helping him to escape.

The case that is continuing, is being prosecuted by the Director of Public Prosecutions (DPP), Mr Leaba Thetsane.

20 February 2006