Durban - Durban High Court Judge Sharmane Balton has recused herself in the murder trial of the Saunders couple.
According to the NPA Balton informed the parties that she was recusing herself as it was brought to her attention that she had dealt with a related AFU preservation application.
The accused, Sayefundeen Aslam Del Vecchio, 39, his wife, Bibi Fatima Patel and Mussa Ahmed Jackson, 35, are charged with kidnapping, robbery, murder of Rodney Saunders and his wife Rachel in 2018.
The Cape Town-based British couple who were botanists had left Cape Town on the 5 February 2018 to make a video documentary film in the Northern Free State, and were travelling in their Toyota Land Cruiser.
According to State indictments the trio are alleged on February 12, 2018, the Hawks received information about a possible kidnapping, and police found that the trio had been withdrawing money from various ATMs and they made several purchases with a FNB card that belonged to Rachael Saunders.
Police arrested Del Vecchio and his wife on February 15, 2018, following an authorised search and seizure, which were conducted at their premises. The Saunders couple was not found.
Their bodies were later found in the Tugela River.
Del Vecchio is further charged with malicious injury to property for the damage caused to sugar cane fields belonging to Tongaat Hulett in September 2017. The damage caused the company a loss of approximately R2.3 million.
“During today's proceedings, the presiding Judge, Sharmane Balton informed the parties that she was recusing herself as it was brought to her attention that she had dealt with a related Asset Forfeiture Unit preservation application.
“Given the circumstances, she was of the view that the matter should proceed de novo before another judge.”
Kara said the matter was adjourned to October 25 for the allocation of a new judge.
The trio have been denied bail and remain behind bars.
IOL