The trial of the Nigerian pastor Timothy Omotoso will resume in the High Court in Port Elizabeth in the Eastern Cape on Tuesday.
It was postponed on Thursday last week to give presiding Judge Mandela Makaula time to look into Omotoso’s legal team’s application for leave to appeal in the Supreme Court of Appeal the judge’s dismissal of the request for him to recuse himself from the case.
This after the defence team accused Makaula of being biased and supporting the first witness 22-year-old Cheryl Zondi.
Last week judge Mandela Makaula read an affidavit from Omotoso which alleged that he was overly sympathetic, and had identified with and aligned to the cause of the first witness, Zondi.
The affidavit was supporting the application for the judge to recuse himself. But Judge Makaula dismissed the application saying it failed to give reasonable grounds for his recusal.
Omotoso’s legal team led by senior counsel Advocate Terry Price then argued that another opinion was needed in this case.
Price made submissions in support of his application to be granted leave to appeal the Supreme Court of Appeal.
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