Accused Husband Killer Seeks Judge’s Recusal in Six-Year-Old Murder Case
Viable News Team 
Image: Chevon Booysen
Cape Town The long-running murder trial of alleged husband killer Zurenah Smit has been hit by another delay after she filed an application seeking the recusal of Western Cape High Court Judge Derek Wille from hearing her case.
Smit, along with co-accused Derek Sait, faces charges relating to the 2019 murder of her husband, 62-year-old wine farmer Stefan Smit, at their Stellenbosch home. The pair are also charged with intimidation.
The move for Judge Wille’s recusal comes just days after he dismissed the defence’s Section 174 applications requests for discharge on the grounds that the State had not presented sufficient evidence.
State Slams Application as a Delay Tactic
Lead prosecutor Renee Uys sharply criticised the latest application, arguing that it serves only to unreasonably delay the already drawn-out proceedings of the six-year-old case.
“It is disturbing, to say the least, that accused one (Smit), via her counsel, now indicates her intention to bring an application for recusal,” Uys told the court. “Looking at the case law and current legal position, the State cannot see a legal basis for such an application. They are entitled to exercise their right, but it is unfortunately causing an unreasonable delay in the criminal proceedings of this matter.”
Uys added that the State was being prejudiced by repeated postponements, noting that it had already taken years to bring the case to its current stage. “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,’” she said.
Defence Says Instructions Came at Last Minute
Smit’s attorney, Susan Kuun, told the court she received instructions from her client on Monday to launch the recusal bid just a day before the defence was scheduled to begin presenting its case.
Co-accused Sait’s counsel, Christa Verster, confirmed she had also received instructions from her client on Tuesday morning to support the application.
Judge Grants Permission for Application
Judge Wille responded to the request with what he described as a “judicial and patient manner,” granting permission for the defence to proceed with the formal recusal application.
Both Smit and Sait remain out on R5,000 bail each pending the continuation of the trial.
The recusal application will be argued at a later date, potentially prolonging the already lengthy case that has kept the murder of the Stellenbosch wine farmer in the public eye since 2019.
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