Nigerian pastor Timothy Omotoso and his co-accused who are charged with human trafficking and the recruitment and rape of young girls were dealt another blow in the Port Elizabeth High Court on Tuesday.
This, after Judge Irma Schoeman, dismissed an application challenging the jurisdiction of the court to hear the string of charges against them.
Defence attorney, Peter Daubermann, argued that the PE High Court only had the jurisdiction to hear seven rape and sexual assault charges which allegedly occurred in Port Elizabeth.
The three pleaded not guilty to these charges and also entered a plea of no jurisdiction in respect of the remainder of the charges.
Daubermann argued that the court did not have jurisdiction to try Omotoso and his co-accused for offences which allegedly occurred in Durban, Richards Bay and Bloemfontein amongst other areas.
He also did not accept a directive from the National Director of Public Prosecution (NDPP) to centralise the charges.
However, Judge Schoeman highlighted that Daubermann had written to the National Director of Public Prosecution (NDPP) consenting to the charges in January last year and that he did not object to the NDPP letter centralising the charges.
“They were aware of the charges and were not ambushed. The indictment makes it clear. It is clear that the directive refers to the indictment,” said Schoeman.
The judge said that in respect of the racketeering charges against Omotoso, the court had jurisdiction even without a directive from the NDPP.
Omotoso faces 63 main charges, while co-accused Lusanda Sulani faces 35 charges and Zukiswa Sitho 16 main charges.
The case was postponed to Monday for Daubermann to argue an application for leave to appeal Tuesday’s ruling.
- African News Agency (ANA)
