The trial of rape accused pastor Timothy Omotoso and his two co-accused, Zukiswa Sitho and Lusanda Solani, continues in the Port Elizabeth High Court.
Their legal representation, Peter Daubermann, concluded his argument on Thursday.
Daubermann argued that the rape charge should not stand as it is not warranted when compared to the witness statements.
Defence lawyer in Omotoso trial concludes his application for a mistrial
The State has thus far denied all arguments made by the defence. Defence lawyer Peter Daubermaan says Judge Irma Schoeman must decide if she wants to continue with the Pastor Omotoso trial, which he says has been full of inconsistencies and loopholes, or call for a mistrial.
Daubermann says the rape charges against Omotoso do not stand, arguing that it is not warranted when compared to the witnesses statements. He says there is no evidence pointing to penile penetration in the statements.
The defence discredited the evidence brought by state prosecutor, Nceba Ntelwa, by highlighting how the witness statements rather point to sexual assault.
Daubermann also alleged Ntelwa conspired to persuade certain witnesses to withhold certain information from the court, and this amounts to perjury.
He added that there are no accompanying notes to the evidence submitted by Ntelwa and that detracts from the credibility of the witness statements.
The state Advocate Chris Mouton says it is up to Judge Irman Schoeman to decide whether the evidence brought forward by the defence warrants a mistrial or not. The state also disputed claims that Ntelwa has conspired to force witnesses to commit perjury.
The trio are facing more than 90 charges related to sexual offences and human trafficking.
