Accused husband killer and slain Stellenbosch farmer’s wife, Zurenah Smit, and her co-accused, charged with the 2019 murder of 62-year-old wine farmer Stefan Smit, have made another desperate attempt to evade prosecution by applying for Judge Derek Wille’s recusal from their Western Cape High Court trial.

The latest legal manoeuvre comes just days after Judge Wille dismissed the duo’s Section 174 applications to be discharged on murder charges and a count of intimidation.

On Wednesday, State prosecutor Renee Uys vigorously opposed what she described as yet another unnecessary delay in the six-year-old case.

Despite this, Judge Wille granted the application. 

Uys submitted to the court that the application, which will be argued on Thursday morning, was “disturbing to say the least”.

Uys further submitted that the State could see no legal basis for such an application brought at this stage of the trial, when the defence was expected to argue their case.

Defence attorney for Smit, Susan Kuun, said the defence case was supposed to commence on Wednesday, but she received instructions on Monday to bring the recusal application. 

Christa Verster, counsel for Sait, said she received an instruction on Tuesday morning from her client to support the recusal application. 

Kuun asked for the matter to be postponed to Thursday as it “is not an application that will be lightly brought” and needed time to prepare arguments.

Uys said: “It is disturbing to say the very least to the State that accused one (Smit) via her counsel now indicates her intention to bring an application for recusal. Once I was notified of this intent yesterday morning by (Kuun), I also took some time to consider the basis for this application, and the State can at this outset already indicate that, looking at the case law, looking at the current legal position pertaining to such an application, the State cannot see a legal basis for such an application. 

“They are entitled to exercise their right, my only issue with them exercising that right is that it is unfortunately causing an unreasonable delay in the criminal proceedings of this matter. That being said, the State is in a position to look at what remedies are available to the State. 

“The State, in all honesty, is being prejudiced by the further delay of this matter. It already took us six years to get this matter here and now, today, Smit just decided that ‘I’m bringing this application and I’m going to do so tomorrow’,” said Uys, who further questioned the validity of the recusal request and what is further left in the defence’s arsenal before getting to their case.  

Uys indicated that they would bring a remedy application under Section 342A read with subsection 4A of the Criminal Procedure Act (CPA), which states that courts must investigate unreasonable delays in criminal trials that could cause substantial prejudice to any party.

Uys said that in bringing that application, and if there is another unreasonable delay on the part of Smit, the State will ask the court to deem Smit’s case closed.  

Judge Wille granted the recusal application in what he described as a “judicial and patient manner”.

The duo remain out on R5,000 bail each. 

Last week in their Section 174 application, Smit applied to have the murder charge, among other charges, against her dismissed. She stands accused of killing her husband, 62-year-old Stellenbosch farmer Stefan Smit.

Sait, in his Section 174 application, sought to be discharged in respect of a single count of intimidation listed as count three in the indictment.

Judge Wille dismissed both Section 174 applications. 

The State’s case in the murder trial has included an in-loco inspection, a total of 18 State witnesses, including a handwriting and ballistic expert. 

Smit and Sait pleaded not guilty to all 16 criminal charges preferred against them.

chevon.booysen@inl.co.za

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