Justice Walia to make a ruling on his recusal
Mpho Mokwape | Monday July 6, 2015 17:07
Attorney Friday Leburu on Friday asked the judge to recuse himself in the matter that state is prosecuting his client Patrick Chirunga, for the murder of the University of Botswana professor early this year.
Leburu had made an urgent application for bail last month, and Justice Walia, who was reported to have never heard the matter, said it was not urgent. After he was reported to Chief Justice Maruping Dibotelo and the Judicial Service Commission (JSC) for pre judging the matter and judicial misconduct, he scheduled the matter for hearing last week Friday. However, the matter was not heard as Leburu moved an application for recusal saying he believed Justice Walia had pre-judged matter without hearing both sides.
“I made an urgent application for bail and before hearing us as both sides of the applicants and the opposing counsel, you made a ruling that the application was not urgent and as such we do not know the basis of your ruling and we believe as the Higher Judge, you pre-judged the case without giving us the benefit of doubt therefore we move an application for recusal,” Leburu said.
The state did not oppose the application saying they were at the mercy of court and that they would abide with any decision the judge makes.
The application for recusal in the matter comes while Chief Justice and the JSC is still to hear the judicial misconduct of Justice Walia.
Justice Walia was reported to Chief Justice Dibotelo and the JSC on June 22, 2015 after the matter was allocated to him for hearing.
The urgent application for bail was never heard as Justice Walia had written a letter to the Registrar stating that the matter was not urgent.
Leburu then wrote a letter on behalf of his client to Chief Justice Dibotelo saying that Justice Walia had not heard any representations from counsel on both sides and had made the decision on his own.
“We sought to establish, after being so informed of the learned Judge’s step, the basis for such a step. I presented myself to Justice Walia’s chambers along with the prosecutor Ms Bafedile to at least have a sense of how the decision was made. The clerk informed us that the learned judge will not see us as he does not want to do so as that is not necessary,” stated Leburu in the letter.
Leburu further argued that the decision went against the rules of procedure and the country’s law.