Naziziphiwo Buso
Another spanner has been thrown into the works in the protracted rape and human trafficking trial of pastor Timothy Omotoso with his attorney submitting an application to have some proceedings in connection to the trial declared irregular and not according to the law.
Omotoso has been behind bars for almost six years on charges of rape, racketeering and human trafficking while his co-accused Lusanda Sulani and Zukiswa Sitho are out on bail.
Earlier this year the Supreme Court of Appeal (SCA) dismissed a petition to set aside a previously failed application for a mistrial to be declared.
The trio had approached the SCA after high court judge Irma Schoeman found in 2022 that there was no reason for her to declare a mistrial.
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(Timothy Omotoso looks at supporters while Lusanda Sulani and Zukiswa Sitho chat at the Gqeberha High Court.)
On Monday, his attorney Peter Daubermann submitted an application to have special entries of irregularities and or illegalities placed upon the record, relating to seven submissions alleging irregularities by the prosecution team.
In one of the allegations, Daubermann said that the lead prosecutor at the time, Advocate Nceba Ntelwa, had sent an email to a junior suggesting that three witnesses be "suborned to commit perjury".
In submission, he alleged that Ntelwa's superiors, Advocates Indhrambal Goberdan, the Deputy Director of Public Prosecutions, and Advocate Selvan Gounden allowed the prosecution of Omotoso and the co-accused "in the knowledge" that Ntelwa had "proposed" to his junior that the witness could be induced to commit perjury.
Daubermann said the conduct on the part of Advocates Goberdan and Gounden, "constitutes a gross irregularity and resulted in the failure of justice."
He also wants all of the prosecutors and their superiors to appear and give oral evidence, subject to cross-examination at the hearing of the application.
Meanwhile, Omotoso was all smiles greeting eager congregants who had gathered to see him.
During an adjournment, a group who had been listening in on proceeding inside swopped with another who was clad with t-shirts decorated with Omotoso's face.
"You are looking handsome and good, Papa" -they shouted as he was being led to the holding cells.
Omotoso will remain behind bars while Sulani and Sitho are out on bail.
The matter will continue on Tuesday.
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