The trial of controversial Nigerian pastor Timothy Omotoso will go ahead after a judge dismissed an application to have all 63 charges against him and his co-accused quashed in the Port Elizabeth High Court heard on Monday.
Legal counsel for Omotoso, 58, and co-accused Lusanda Sulani, 36, and Zukiswa Sitho, 28, advocate Peter Daubermann submitted a notice of objection to the charges and an application to have them quashed.
Omotoso – decked out in a gold-embellished jacket with shoes to match – Sulani and Sitho face a litany of charges including racketeering, trafficking and rapes committed across the country and abroad including in Nigeria and Israel.
Daubermann argued the state had failed to provide the defence with adequate information and details pertaining to the 63 counts. He claimed the charge sheet did not abide by the constitution and infringed on his clients’ right to a fair trial. “At no instance is a date of an alleged offence contained in the indictment … we simply have a year – [neither] does it specify the place where the alleged offences took place,” he said.
Daubermann said there had to be specific detail provided to the defence to allow the accused to answer to the charges against them – including addresses and not merely towns or countries where alleged offences took place. An example used by Daubermann included a charge of rape in Israel but the indictment did not specify where in Israel or on which date. “The onus is on the state to put up a proper charge sheet which it has not,” Daubermann said.
State prosecutor Nceba Ntelwa told Judge Mandela Makaula that it was not the state’s obligation to provide all of its evidence to the defence.
Ntelwa said the charge sheet contained the periods during which the alleged offences took place as well as the vicinity.
Ntelwa argued that most of the offences took place over a period of time and the complainants – whose ages vary, with the youngest being 13 – could not recall specific dates for this reason.
“A charge sheet cannot be defective because of lack of particulars … the indictment mentions the town,” Ntelwa said.
Daubermann asked: “What is the probability that not a single complainant is able to calculate when she was allegedly raped or sexually assaulted?”
Daubermann told the court that without the specific information it would be impossible for the accused to raise an alibi or determine what witnesses he would need to call.
After the court adjourned for Makaula to consider the information, Omotoso was led down to the holding cells while supporters in the gallery cheered loudly and called out “Daddy” – the name they call the pastor.
Outside the building a crowd of about 150 held placards emblazoned with Omotoso’s face while they sang and danced.
Omotoso’s wife Taiwo was escorted from court to a waiting car, shielded from cameras with umbrellas and other items.
Omotoso was arrested in April 2017 at the Port Elizabeth Airport. He has unsuccessfully applied for bail numerous times. Sulani and Sitho were granted R2000 bail each in December.
Later Makaula ruled all 63 charges would still stand and the trial would go ahead.
Daubermann then submitted an application for further particulars to be made available to the defence by the state.
Makaula granted the application but Ntelwa asked for more time for the state to formulate a response. Ntelwa said he would respond on Tuesday.
Omotoso’s brother-in-law and high-ranking pastor at his church, Jesus Dominion International (JDI), Osuagwu Chuks said after the ruling: “The judge’s discretion was based on the constitution. We believe in the constitution.
“But this is an injustice [that the state] doesn’t know the date, time and place [of the alleged offences]. It is barbaric – look how they have treated [Omotoso]. This is a threat to national security and a transgression of human rights.”
The case continues...