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Former Crime Intelligence boss Richard Mdluli loses bid to have judge recuse himself

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Former Crime Intelligence boss Richard Mdluli loses bid to have judge recuse himself

6th April 2021

By: News24Wire

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Former Crime Intelligence boss Richard Mdluli has lost a bid to have a Gauteng High Court judge recuse himself. 

In his recusal application, which was heard on Tuesday morning, Mdluli accused Judge Bert Bam of bias.  

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Mdluli also accused the judge of not applying his mind when issuing a warrant of arrest, said a spokesperson for the National Prosecuting Authority's Investigating Directorate Sindisiwe Twala

"They alleged that he did not apply his mind correctly. He took the States' word as is and did not adequately check with Correctional Services about Mdluli's non-attendance to [sic] court on the 3 March and prior."

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However, Bam dismissed the application saying Mdluli was, "... bordering on mala fide (and his) argument was without substance", said Twala. 

He said a detailed judgment would be delivered in two weeks.

Following the recusal matter, the State and Mdluli's legal team agreed that he should bring an application for funding within a month, Twala said. 

Mdluli's legal team had previously said he intends to apply for funding from the State because the crime he faces pertains to when the State still employed him. 

Mdluli is currently serving a five-year jail term for kidnapping and assaulting Oupa Ramogibe in 1999.

He had failed to appear in court on several occasions, which resulted in the judge issuing a warrant of arrest. 

Mdluli, Heine Barnard, and Solomon Lazarus are accused of looting Crime Intelligence's secret slush fund.

They have been charged with multiple counts of fraud, corruption, and theft.

A 74-page indictment has detailed how Mdluli allegedly looted the Secret Service Account.

He allegedly made sure that several members of his family were appointed as agents, News24 previously reported. 

And after Mdluli was appointed as a divisional commissioner for Crime Intelligence in July 2009, he apparently handed Lazarus a list of people to be appointed as agents.

The indictment also stated what vehicles were given to the respective agents who had been appointed into the agent programme. 

It further alleged that Mdluli took several trips, some of which were allegedly paid for out of the Secret Service Account, and not for work purposes.

Mdluli also allegedly claimed back personal expenses incurred, such as perfume and jewellery brought, from the slush fund.

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