Rape accused Nigerian Pastor, Timothy Omotoso, wants the Supreme Court of Appeal in Bloemfontein to quash criminal charges he is facing in the High Court in Port Elizabeth. In papers before the Supreme Court of Appeal, Omotoso’s legal team argued that charges which relate to multiple sexual offences were vague and bordered on malicious prosecution.
He claims that he was in the US when the alleged offences were committed. Omotoso and co-accused, also want the presiding judge in the High Court, Mandela Makaula, be removed from the case.
They argue that Makaula has developed a cosy relationship with one of the state witnesses. “ If the presiding officer takes sides or is not even objective then he can either recuse himself or a formal application can then be brought so that he can be recused from the proceedings,” says Legal expert Lebohang Mokhele.
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