Legal expert Mpumelelo Zikalala says it’s unlikely that the application by Timothy Omotoso’s legal counsel Peter Daubermann will be successful. The case of the Nigerian televangelist Timothy Omotoso resumed in the Port Elizabeth High Court, Eastern Cape, last month.
The defence brought another application for the judge to reconsider his previous judgment on the application for discharge.
This comes after the court dismissed Omotoso’s application to have charges against him and co-accused Lusanda Sulani and Zukiswa Sitho dropped.Making the ruling, Judge Irma Schoeman, said although Daubermann made some valid points in his application such as an unfair trial, there was no severe unfairness towards his client.
Schoeman added that the unethical behaviour of state prosecutor Advocate Nceba Ntelwa, who recused himself from the case, did compromise the case, but that doesn’t warrant the case to be deemed unfair.
Daubermann said Ntelwa evidently influenced one of the witnesses to commit perjury and that tainted the credibility of the rest of the witnesses.
“What’s controlling these proceedings is a criminal procedure act that’s a method utilized to test whether the evidence which is going to be received from each one is authentic or not. But to say you’re in this WhatsApp group there are certain discussions that you’re taking place and you’re not going to tell the truth and certain prejudice might take place is something a court might arrive easily at. I think the judge is going to command say my ruling still stand I want those people to come to the box to provide their evidence.”
Schoeman however, dismissed 31 of the more than 60 charges faced by Omotoso and his co-accused.
The trio faces 32 charges including racketeering, trafficking in persons for sexual purposes, rape, and sexual assault. Legal expert Zikalala says the expected outcome will possibly remain the same. I don’t think that ruling is going to change. The judge is simply going to stick to what was stated earlier.
Source: eNCA
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