Mdluli loses bid to have judge in corruption case to recuse himself

Mdluli loses bid to have judge in corruption case to recuse himself

Former Crime Intelligence boss Richard Mdluli, who is currently serving five years in prison, has failed to have Judge Bert Bam recuse himself

Richard Mdluli in court
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Mdluli appeared in the High Court in Pretoria on Tuesday. 

Mdluli and two co-accused, Heine Barnard and Solomon Lazarus face charges of fraud, corruption, and theft related to mismanagement of police intelligence funds. 

Mdluli's lawyers argued Bam did not sufficiently apply his mind and was biased when he issued a warrant for his arrest in March. 

His defense said the judge took the state’s arguments when issuing the arrest without adequately taking into consideration why Mdluli did not appear in court.

 They also argued against the Bam's decision to allow the media to record proceedings, calling it a “blanket approach” without analysing the merits of the case. 

 Bam dismissed the application, stating that it is in bad faith and saying the argument lacked substance.

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The Investigative Directorates Sindiswe Twala said the state decided to abandon its application to ensure Mdluli does not delay the case any further. 

 "We inherited this case, and we feel that it's been in and out of court unduly. We have looked at the merits and cleared as many stumbling blocks as possible that halted the case 10 years back.

 “We have declassified documents so that the accused may have a fair trial but even after all of that we believe the defense has been unduly delaying the case.

 "The two other accused have not been delaying the case. However, we feel Richard Mdluli has been the issue. Before we applied for the court to bar him from making any more delays through an agreement it was decided that Mdluli will apply for state funding in the next 30 days so that he can join the other accused for the pre-trial hearing in June.” 

Twala says the ID hopes the trial will start in October. 

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