Accused husband killer now wants judge out of her murder case
Accused Zurenah Smit appears in the Western Cape High Court on Wednesday. The widow stands accused of orchestrating the 2019 killing of her husband, Stellenbosch wine farmer Stefan Smit.
Image: Chevon Booysen
STATE prosecutor Renee Uys believes accused husband killer Zurenah Smit’s recusal application for Western Cape High Court Judge Derek Wille will unreasonably delay the criminal proceedings of the matter.
Smit, along with her co-accused Derek Sait, are charged with the 2019 murder of her 62-year-old wine farmer husband Stefan Smit.
Their application for the judge’s recusal came days after he dismissed their Section 174 applications to be discharged on murder charges and a count of intimidation.
In a dramatic turn at the Western Cape High Court, Zurenah Smit and co-accused Derek Sait have applied for Judge Derek Wille's recusal from their murder trial involving the killing of prominent Stellenbosch wine farmer Stefan Smit.
Image: Chevon Booysen
Uys vigorously opposed what she described as yet another unnecessary delay in the six-year-old case. Uys submitted to the court that the application, which will be argued, 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 she received instructions on Monday to bring the recusal application, a day before the defence case was supposed to commence on Wednesday.
Christa Verster, counsel for Sait, said she received an instruction on Tuesday morning from her client to support the recusal application.
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.
Judge Wille granted permission for the recusal application in what he described as a “judicial and patient manner”.
The duo remain out on R5000 bail each.
Cape Times