In the trial against pastor Timothy Omotoso and his co-accused, state prosecutor Nceba Ntelwa has argued that Omotoso’s defence Peter Daubermann’s application for leave to appeal and have the trial heard at the Supreme Court of Appeal is nothing short of a delaying tactic, as it lacked merit.
Ntelwa argued that Daubermann’s application for leave to appeal had no prospect of success and should, therefore, be denied. Daubermann said his application had the necessary merit and that judge Irma Schoeman should consider it.
Daubermann earlier argued that Schoeman did not apply her mind to the issue on whether her ruling on the jurisdiction of the alleged offences 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.
He claimed Schoeman may have made a mistake in her ruling and that the court should consider his appeal. Schoeman adjourned and said she would provide her judgment on Wednesday.
Daubermann has requested more details to the offences to ensure his clients receive a fair trial. In his request, Daubermann wants details such as the exact dates and street names for his clients to provide the necessary alibi.
A handful of supporters for Omotoso are outside court chanting his name. The ANC women’s league and some DA members are outside the Pietermaritzburg High Court in support of the victims.
(Compiled by Gopolang Moloko)