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Port Elizabeth High Court Judge, Irma Schoeman, has asked the lead Prosecutor, Nceba Ntelwa, in the trial against rape-accused Nigerian televangelist, Timothy Omotoso to step down from the matter.
Omotoso and his two co-accused Lusanda Sulani and Zukiswa Sitho appeared in court for a ruling on a mistrial application by their defence team.
Defence attorney, Peter Daubermann also called for Schoeman to recuse herself from the case.
Schoeman dismissed both applications although the Defence did not call for Ntelwa's removal- she ruled that he should not continue as a prosecutor in the matter.
The defence's mistrial application was that Ntelwa suborned witnesses or attempted to do so.
Schoeman said that there was no evidence that showed that witnesses were suborned or that there were any attempts to do so.
She said the nature of the irregularities by Ntelwa was not of such a nature to rule a mistrial.
However, she said that concerning Ntelwa's conduct, she was satisfied that it would not be appropriate for him to continue with the prosecution of the case.
"I would find it difficult to rely on his assurances in this matter," Schoeman said.
Schoeman said that Ntelwa might have encouraged witnesses not to deviate from the statements they made to the police.
Some witnesses’ had additional information-not included in the original police statement, during consultations with a psychologist and with State Prosecutor, Ishmet Cerfontein- who has since withdrawn from the case.
Meanwhile, National Prosecuting Authority spokesperson, Anelisa Ngcakani said that her office would study Schoeman's findings before deciding on a way forward.
Ngcakani said the NPA would have to decide on a new prosecutor.
"Of course some of the things are internal matters as well, I don't think some of those aspects will be communicated to the media or the public," she said.
Ngcakani added that the NPA still believes that it has a good case against Omotoso and his two co-accused.
"We have a strong case, we need to ensure that justice is done whatever the outcome of that justice will be. Our goal is for justice to be served," she said.
Omotoso and his two accused will be back in court on the 25th of January next year as they instructed attorney, Peter Daubermann to apply for leave to appeal parts of Judge Schoeman's judgment.
Omotoso, Sulani and Sitho face 63 charges and 34 alternative charges ranging from human trafficking, rape and racketeering.
This is the NPA's second attempt to prosecute Omotoso who has been in custody since his arrest in April of 2015.
Sulani and Sitho are out on bail.
