JUSTICE Charles Hungwe who is presiding over a case in which four policemen are accused of the murder of Police Constable Mokalekale Khetheng on Tuesday refused to recuse himself from the case.

The applicants who included Mabitle Matona, Mothibeli Mofolo and Haleokoe Taasoane wanted the judge to step down, saying he was likely to be biased against them.

In his ruling, Justice Hungwe said the applicants had an unreasonably held apprehension of bias, adding that their application is based on wrong facts to meet the test of biasness.

He said the apprehension of bias must be reasonable and a person alleging biasness should also be reasonable.

He showed that a reasonable and well informed person relies on facts, adding that an impartial judge is a pre-requisite for a fair trial.

A judge, he also noted should not be unduly sensitive or emotional when deciding an application for his or her recusal.

“The duty of a judge is to safeguard the rights of the accused and the interest of the public in the administration of justice,” he said, adding that judicial officers are required to administer justice without fear or favour and in accordance with the law as well as the Constitution.

The applicants had alleged that disconcerting insinuations had been made against them and therefore they feared they would not get a fair hearing from the court.

They alleged that they were psychologically harassed and bullied by the lead prosecutor, Senior Counsel Shaun Abrahams.