The protracted trial of alleged rapist pastor Timothy Omotoso and his two co-accused hit a snag on Monday when the Port Elizabeth high court heard that Omotoso’s petition to the Supreme Court of Appeal had been delayed.
This came as his defence team failed to supply the second highest court in the country with original documents.
Omotoso, through his attorney Peter Daubermann, had asked judge Mandela Makaula to recuse himself from the case.
When Makaula declined, Daubermann petitioned the SCA.
The state prosecutor, senior advocate Nceba Ntelwa, told Makaula on Monday that the SCA had indicated that the defence should have submitted original documents but had only supplied copies.
This has since been rectified, Ntelwa said.
Daubermann – who is representing Omotoso, 60, and his two alleged “henchwomen” Lusanda Sulani, 36, and Zukiswa Sitho, 28 – confirmed the petition had been filed, that the state had responded and the defence had then replied to the response.
“We are now waiting for a decision,” Daubermann said.
Daubermann has asked for the matter to be postponed to February 4.
Ntelwa said a mutual decision between the state and the defence had been reached to postpone the case.
The three face 97 charges in total ranging from sexual assault to rape, human trafficking and racketeering.
At the start of the trial Daubermann brought an application to have the charges quashed which Makaula dismissed.
Then, after state witness and alleged victim Cheryl Zondi, 22, finished her gruelling testimony Daubermann brought the application for Makaula to recuse himself, claiming he had sided with Zondi and already decided the outcome of the case.
Makaula dismissed that application. At the end of October senior counsel advocate Terry Price, on behalf of the three accused, brought two applications for leave to appeal against Makaula’s two judgments.
Again Makaula dismissed the applications, prompting the defence’s petitioning of the SCA.
National Prosecuting Authority (NPA) regional spokesperson Tsepo Ndwalaza said although the state remained positive about the matter the trial was being unnecessarily delayed because of the defence team’s failure to supply the correct documents.
“We would like for it [the case] to be done in the shortest time possible,” Ndwalaza said.
A clear drop in the number of supporters for both the victims and Omotoso was evident when only about 60 people gathered outside the Bird Street courthouse on Monday.
The 40-odd Omotoso supporters cheered gleefully when his wife Taiwo and his co-accused left the court.
Supporters for the victims were more subdued.
Secretary general of the Pretoria based #NotInMyName organisation, Themba Masango, who travelled to Port Elizabeth to show support said he was disappointed and concerned to see so many women standing outside the court supporting Omotoso and his co-accused.
“It is really sickening to see them supporting a man accused of some many atrocities,” Masango said.
Omotoso will now spend his second Christmas behind bars having been denied bail since his arrest in April 2017.
His two co-accused are still out on bail...