The trial of controversial Pastor Timothy Omotoso has been postponed to Wednesday. This will allow the judge to consider a leave to appeal application by the defence.
Defence lawyer Peter Dauberman submitted an urgent application for leave to appeal a ruling that Omotoso be tried for all charges in the Port Elizabeth High Court.
Judge Schoeman also ruled that the authorisation certificate to centralise all charges was valid.
Dauberman argued that Judge Irma Schoeman did not apply her mind in her ruling.
He also told the court his client did not previously make objections to the jurisdiction as stated in Schoeman’s ruling.
But he contended this was a new trial and it could be challenged.
He said the certificate of authorisation did not correlate with the indictment and that former NPA head Shaun Abrahams failed to stipulate all the charges Omotoso and his two co-accused Zukiswa Sitho and Lusanda Sulani are facing.
He pointed out discrepancies between the two documents with several counts not being clearly explained.
State prosecutor Nceba Ntelwa argued that there was no need for more detail on the authorisation certificate, as it was contained in the indictment and would be repetitive.
Judge Schoeman said it might be necessary for the Supreme Court of Appeal to rule.
The NPA still believes it has a watertight case.
Meanwhile, outside court The Jesus Dominion International Church members continue their support for Omotoso.
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