The State contends that rape accused Nigerian pastor, Timothy Omotoso, has jumped the gun by seeking the intervention of the Supreme Court of Appeal (SCA) in Bloemfontein.
The State has filed papers in the SCA, opposing Omotoso and co-accused’s application to have the presiding High Court judge, Mandela Makaula, removed from the case. Omotoso also wants multiple sexual offences charges against him quashed.
The state has submitted that Omotoso’s petition to the SCA has no legal basis.
The National Prosecuting Authority (NPA) argues that the embattled pastor should have allowed the criminal trial to go ahead and that decisions of the court can be appealed or taken on review.
The State has further contended that Omotoso’s initial application to have charges against him quashed was brought in a convoluted way. It did not indicate on which law it was premised.
The State has also dismissed submission that the indictment served on the accused was in fragrant disregard of the Criminal Procedure Act.
Legal analyst Lebohang Mokhele says the case might have major complications if the SCA rules in favour of Omotoso.
“In the event that the Supreme Court of Appeal would overturn that decision and grant that order in favour of the defence that would mean that the case would have to start afresh and it will also have to start before a new presiding officer and all the evidence which had already been tendered that would also be irrelevant however, accused representative can then call or a cross examine on the previously testified evidence because the transcript of that matter would also be available to also be placed before the new presiding officer.”
In papers before the SCA, Omotoso and co-accused have accused Judge Makaula of being biased to the State.
They’ve also accused Judge Makaula of having developed a “very cosy relationship” with State witness, Cheryl Zondi. Omotoso and co-accused, Lusanda Solani and Zukiswa Sitho, face 63 charges of rape, human trafficking and racketeering.
Meanwhile, the ongoing case of the embattled pastor has been postponed at the High Court in Port Elizabeth to February 4 next year.
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