The trial of the charismatic Nigerian pastor, Timothy Omotoso, and his co-accused Lusanda Sulani and Zukiswa Sitho, is expected to resume in the Port Elizabeth High Court on Monday.
The trial was postponed to allow defence attorney Peter Daubermann to petition the Supreme Court of Appeal (SCA). Daubermann wants Judge Mandela Makaula to recuse himself and the charges against his clients quashed.
Judge Makaula dismissed Daubermann’s application in the high court and granted him leave to appeal.
The defence claims the judge acted in a biased manner towards its clients.
In papers before the Supreme Court of Appeal, Omotoso’s legal team argued that the charges which relate to multiple sexual offences were vague and bordered on malicious prosecution.
The accused claims he was in the United States when the alleged offences were committed.
On the issue of recusal, the defence argues that Makaula developed a cosy relationship with one of the state witnesses and that his clients were unfairly treated.
Makaula ruled in his dismissal of the application that a reasonable, objective and informed person would not apprehend bias from the common courtesy shown to Cheryl Zondi in wishing her well with her exams.
Makaula added that he was astonished by the defence’s argument that he was overly sympathetic towards Zondi and her cause.
The state and the defence are awaiting the SCA’s ruling on the defence’s submissions for leave to appeal.
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