The latest application by Nigerian rape and human trafficking accused pastor Timothy Omotoso's defence council has been dismissed at the Port Elizabeth High Court.
Judge Irma Schoeman made the ruling on Thursday, in response to defence Attorney Peter Daubermann's application for the State to furnish further details pertaining to the charges against Omotoso and his two co-accused, Lusanda Sulani, and Zukiswa Sitho.
The trio face 63 main charges and 34 alternative charges including racketeering, rape and human trafficking.
Judge Schoeman, who told the court that detailed reasons for the dismissal would be presented during her final ruling, said she is of the opinion that Daubermann was being deliberately obtuse. That's because in the previous trial the defence was able to continue without having all the details in the charge sheet.
She said the provision of further particulars must be fair to both parties and that the State simply cannot provide particulars if it's not known to them.
Daubermann then asked the court to postpone so that he can prepare accordingly.
The trial resumes on Friday.
Meanwhile, an official from the Department of Home Affairs was at the Port Elizabeth High Court on Thursday and served Omotoso with documentation declaring that he was a prohibited citizen in South Africa.
Acting NPA Regional spokesperson, Sibulele Boyi said Omotoso had made an application to the department to have his prohibited citizenship declaration lifted.
Boyi said the application was refused.
After Judge Schoeman dismissed an application by the defence to compel the State to provide further particulars pertaining to the charge sheet, an official from the department accompanied by Hawks investigator Peter Plaatjies, served Omotoso with papers to sign.
Omotoso was reluctant to sign the papers at first and asked for his lawyer Peter Daubermann. Congregants from the Jesus Dominion International (JDI) church were also seen encouraging Omotoso not to sign the papers.
The pastor eventually signed the papers after the official informed him that his lawyer was not involved in the matter.
This means that Omotoso, who faces 63 main charges, including human trafficking, rape and sexual assault, is in the country illegally, according to the department of home affairs. - ANA
