A legal twist has caused another delay in the bail application of rape accused Timothy Omotoso who has been in prison for three and a half years.

Judge Phillip Zilwa allowed the state to call lieutenant colonel Brenda Magwangqana to testify on the issues around his arrest in April 2017.

She was head of the Hawks at the time of Omotoso’s arrest.

However, she was earlier called as a witness for the defence.

Advocate Terry Price can cross examine her on Tuesday, but indicated that he will argue a witness cannot testify for both sides.

Omotoso and two co-accused are facing more than 90 sex related charges in the Port Elizabeth High Court.

The main case has meanwhile been postponed to the 2nd of November.

Omotoso could be deported if granted bail

State and defence lawyers in the Omotoso’s case are at loggerheads over his documentation after he was declared a prohibited person by Home Affairs.

The state says there is a strong possibility that Omotoso would be deported should he be granted bail.

Investigating officer of the Hawks warrant officer Peter Plaatjies said they have been unable to get hold of his two passports since his arrest in 2017.

They are in the possession of his attorney, and they were only given copies thereof.

In the video below, Omotoso appeared in court last week in what was his third bail application, which was denied by the state: