The new public protector says she will leave the dispute over the state capture report prepared by h.
FORMER top cop Jackie Selebi's defence yesterday asked for the judge hearing his corruption case to recuse himself.
Defence lawyer Jaap Cilliers told Judge Meyer Joffe he had the "unpleasant task" of applying for the judge to be removed.
A recusal is usually requested if the defence can show the judge to be biased against the accused. If granted, the trial will need to start again.
National Prosecuting Authority spokesperson Mthunzi Mhaga told reporters that the state could not make a decision on whether to oppose the application until it saw the heads of argument from the defence. These would be filed next Wednesday, and the matter heard in court the following day.
State witness Glenn Agliotti will not be in court that day since he had been summoned to an inquiry into slain mining magnate Brett Kebble's former head of security's (Clinton Nasiff) sequestration.
On Tuesday the judge and defence clashed over a line of questioning being put to Agliotti. Cilliers was asking Agliotti about the secret recording of a meeting mentioned in a Sunday newspaper. It is said to have taken place between Agliotti and national intelligence representatives in January last year .
Cilliers wanted Agliotti to comment on whether he said what he was reported as saying in the article. But Joffe said the actual video would have to be found for line of questioning to hold substance. Cilliers objected, saying he wanted to show that what Agliotti is said to have said in the recording would contradict evidence he had given in court about whether a meeting he held later in January with the NIA was something he requested, or to which he was summoned.
Joffe seemed to take exception to the tone in which he was being addressed, and said: "Mr Cilliers, please remember you are addressing me and not the witness or anyone else. You are putting to the witness a statement in news which alleges it came from him."
Cilliers replied: "How much further can you take it than that? I'm entitled, with great respect, to test his credibility." - Sapa