Lynn Williams
Controversial Nigerian Pastor, Timothy Omotoso could in all likelihood walk away a free man if the court finds that he was not given a fair trial.
Defence attorney Peter Daubermann says should his clients walk free, the prosecution would only have themselves to blame.
The protracted rape and human trafficking trial against Omotoso and his co-accused, Zukiswa Sitho and Lusanda Sulani, has been before the Gqeberha High Court since 2018.
Omotoso has been in custody since his arrest, while his co-accused are out on bail.
On Monday, Daubermann brought an application before the Gqeberha High Court - in terms of Section 174 of the Criminal Procedure Act - for his client's release.
Daubermann told the court that the entire trial and the evidence of the complainants were tainted by prosecutorial misconduct.
He mentioned incidents where the former state prosecutor, Advocate Nceba Ntwelwa, had allegedly encouraged witnesses to perjure themselves on the stand.
Daubermann said that Ntelwa misled the court by making false statements from the bar and that he conspired to concoct false narratives.
He labeled Ntelwa the 'Minister of Untruths' and said that his gross misconduct was so pervasive that it destroyed his client's right to get a fair trial.
"His superiors (two Deputy Directors of Public Prosecutions) was well aware of what was going on, but they failed to do anything about it.
"The prosecution repeatedly attempted to suppress the truth and Ntelwa was derelict in his duties.
"It is very clear that Ntelwa entangled himself with the case of the complainants in order to secure a conviction at all costs."
The state will present its arguments on Tuesday.
