The National Prosecuting Authority (NPA) welcomed the dismissal of an application in the Port Elizabeth High Court, to have some charges dropped against the controversial Nigerian Pastor, Timothy Omotoso by Presiding Judge, Mandela Makaula.
This comes after a lengthy argument by Defence Advocate Peter Dauberman, that some charges did not supply sufficient supporting details, such as time, places and the nature of the offences.
NPA spokesperson Tshepo Ndwalaza says the state has a strong case.
“I want to state it clear that as the NPA we are pleased that the judge was able to see through the whole thing, because we believed that was just a tactic from the defence to ensure that they get away with crime… but as the NPA we have always said that this man has a case to answer in the court of law, and I think that is what will happen, and we are pleased.”
Before a brief adjournment to allow the judge’s decision, Daubermann told the court that the trial would be unfair if it continues, regardless of the missing particulars. He said even the 63 main charges did not constitute all information, and that it is inappropriate and unlawful.
He further emphasised on the seriousness of some of the allegations, and said not even the trafficking charges had sufficient details to enable the accused to reply efficiently.
Daubermann requested all particulars, saying he was not asking for allegations but facts.
The State argued that a year and a location provided sufficient information to compile a charge sheet. Upon his return to court, the judge dismissed the application.
Meanwhile, supporters of Omotoso are still adamant that he is innocent.
Spokesperson of the Jesus Dominion International Church, Osuagwu Chukx believes Omotoso has been treated unfairly by both the media and the Constitution.
Chukx spoke to the media at a conference organised by the church after the ruling.
“Remember this case has lasted for over a year, and these people say they are investigating so their investigation never concluded in finding a date, a place or time, so it’s just barbaric and that is why we decided to call a conference to say look at how a person is treated, they infringed on his fundamental human right and it is bad for the church.”
The case will resume again in the Port Elizabeth High Court on Tuesday, where the trial is expected to begin. Forty-nine witnesses are expected to take the stand in the duration of the trial.
Click below for more on the story:
