Daubermann lodges leave to appeal application over jurisdiction ruling

Timothy Omotoso, 60, and his co-accused Lusanda Sulani, 36, and Zukiswa Sitho, 28. Picture: Eugene Coetzee/The Herald

Timothy Omotoso, 60, and his co-accused Lusanda Sulani, 36, and Zukiswa Sitho, 28. Picture: Eugene Coetzee/The Herald

The advocate requested the court to grant leave to appeal and refer the matter to the Supreme Court of Appeal.

The trial of rape-accused pastor Timothy Omotoso alongside his co-accused, Lusanda Sulani and Zukiswa Sitho, resumes in the Port Elizabeth High Court following a few hiccups regarding centralisation of the charges.

Judge Irma Schoeman is in court to hear Omotoso’s defence Peter Daubermann’s objection on the centralisation of the charges as some of the alleged offences occurred outside Port Elizabeth.

Schoeman heard arguments for a leave to appeal application from Daubermann, who argued that Schoeman’s decision to have the trial heard in court last week had flaws as case law citations in her judgment were questionable.

He argues that Schoeman did not apply her mind to the issue on whether her ruling complied with the Criminal Procedures Act as well as the National Prosecuting Authority Act, and requested the court to grant leave to appeal and refer the matter to the Supreme Court of Appeal.

State prosecutor Nceba Ntelwa has asked the court to grant him time to consider Daubermanns’ submission and prepare arguments. Court has been adjourned until 11.30am.

(Compiled by Gopolang Moloko)

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