Timothy Omotoso trial resumes after a few hiccups

The trial of rape-accused Timothy Omotoso has resumed in the Port Elizabeth High Court on Tuesday, following several hiccups, as the Constitutional Court dismissed an application by Omotoso’s legal team to appeal a ruling that the Port Elizabeth High Court had jurisdiction to hear all the 97 charges against Omotoso and his co-accused Lusanda Sulani and Zukiswa Sitho.

Omotoso’s defence, Peter Daubermann, had argued that the court did not have the authority to preside over all cases as some of the alleged offences took place outside Port Elizabeth, as well as abroad. The court dismissed the application saying it had no reasonable prospect of success.

The trio faces charges ranging from human trafficking to racketeering, as well as rape.

Despite all efforts by his legal team, the pastor spent Christmas behind bars at the St Albans Correctional Centre.

Omotoso has been in custody since his arrest in April 2017. Sulani and Sitho are both out on bail.

This is the second trial after Judge Mandela Makaula recused himself.

He announced his decision came after it came to light that some of the state witnesses in the trial were allegedly staying in a Port Elizabeth guesthouse which is owned by his wife.

After a litany of appeals to higher courts, the last being the Constitutional Court, the trial of televangelist Timothy Omotoso and his two co-accused will finally get under way in February.

Daubermann told Judge Irma Schoeman that he was available for the matter from February 24 to March 16.

“Between March 16 and 26, I will not be available for this matter,” he said.

Prosecutor Nceba Ntelwa said the court’s first term ended on 27 March.

“On the 24th February we will start with the trial, where the first witness will take the stand,” said Ntelwa.

What this means, is that the trial will run for the first two weeks from the first day it is scheduled to start, before taking a break until 14 April.

(Compiled by Gopolang Moloko. Additional reporting by News24 Wire)

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