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Ruling on application to withdraw charges against Omotoso expected

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The court case of self-proclaimed pastor, Timothy Omotoso, will resume in the High Court in Gqeberha in the Eastern Cape today.

Judge Irma Schoeman is expected to deliver judgment in advocate Peter Daubermann’s application.

It relates to the judge reconsidering her judgment against the withdrawal of charges against Omotoso and two co-accused, Lusanda Sulani and Zukiswa Sitho.

Daubermann said prosecutor Nceba Ntelwa, who has since withdrawn from the case, evidently incited one of the witnesses to commit perjury and that raises questions on the credibility of the rest of the witnesses.

He previously told the court that this interfered with the fairness of justice.

Last month, Daubermann argued that the State failed to disclose to the Defence that Ntelwa formed a WhatsApp group with the complainants, on which he communicated during the trial.

He told the court that dismissing the application disregarded the evidence that Ntelwa suborned Melucia Jiyane to commit perjury.

However, State advocate Gerhard Wolmarans argued that it is incorrect for the Defence to assume that Ntelwa suborned all the witnesses brought forward by the State to commit perjury.

Wolmarans added that there has been no proof of perjury throughout the case.

The state also argued that the Defence is not in a position to state that there has been a failure of justice in the trial, as only the Supreme Court of Appeal can make such an assertion.

VIDEO: Related video: Omotoso returns to court seeking special entry:

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