Omotoso trial to start after judge rules charges to stand
The trial of controversial Nigerian pastor Timothy Omotoso will go ahead after a judge dismissed an application for all 63 charges against him and his coaccused to be quashed in the Port Elizabeth High Court on Monday.
Lawyer Peter Daubermann, for Omotoso, 58, and co-accused Lusanda Sulani, 36, and Zukiswa Sitho, 28, submitted a notice of objection to the charges as well as an application to have them quashed.
Omotoso, who was decked out in a gold-embellished jacket with shoes to match, Sulani and Sitho face a litany of charges, including racketeering, sexual assault, human trafficking and rape allegedly committed across SA and abroad, including in Nigeria and Israel.
Daubermann argued that the state had failed to provide the defence with adequate information and details pertaining to the 63 counts.
He also claimed that the charge sheet was fatally defective, did not abide by the constitution and infringed on his clients’ rights to a fair trial.
“At no instance is a date of an alleged offence contained in the indictment ... we simply have a year. [Neither] does it specify the place where the alleged offences took place,” Daubermann said.
He said there must be specific detail provided to the defence to allow the accused to answer to the charges.
This included addresses and not merely towns or countries where the alleged offences took place.
Daubermann said that, for example, on one charge of rape which allegedly took place in Israel, the indictment did not specify where in Israel, or on which date, it allegedly occurred.
“The onus is on the state to put up a proper charge sheet, which it has not,” he said.
State prosecutor Nceba Ntelwa told judge Mandela Makaula that it was not the state’s obligation to provide all of its evidence to the defence.
Ntelwa said the charge sheet contained the periods during which the alleged offences took place as well as the vicinity.
He argued that most of the offences took place over a period of time and the complainants, whose ages varied, with the youngest 13, could not recall specific dates for this reason.
“A charge sheet cannot be defective because of the lack of particulars ... the indictment mentions the town,” Ntelwa said.
But Daubermann said: “What is the probability that not a single complainant is able to calculate or work out when she was allegedly raped or sexually assaulted?”
He said that without the specific information it would be impossible for the accused to raise an alibi or determine who he would need to testify as a witness.
After the court adjourned for Makaula to consider the arguments, Omotoso was led down to the holding cells, with supporters inside the court cheering loudly and calling out “Daddy” – the name they call the pastor.
Outside the court, a crowd of about 150 people holding placards emblazoned with Omotoso’s face sang and danced.
Omotoso’s wife, Taiwo, was escorted from court to a waiting car, shielded from photographers with umbrellas and other items.
Omotoso was arrested in April 2017 at the Port Elizabeth Airport.
He has applied unsuccessfully for bail numerous times.
Sulani and Sitho were each granted R2,000 bail in December 2017.
Makaula eventually ruled that all 63 charges would stand and the trial against Omotoso, Sulani and Sitho would go ahead.
Daubermann then submitted an application for further particulars to be made available to the defence by the state.
Makaula granted the application, but Ntelwa asked for more time for the state to respond.
He said he would be able to respond on Tuesday morning.
Omotoso’s brother-in-law, Osuagwu Chuks, a high-ranking pastor at his Jesus Dominion International church, said after the ruling: “The judge’s discretion was based on the constitution.
“We believe in the constitution of this country – if we didn’t we wouldn’t have come here.
“[Omotoso] has done a lot of good things, but this is an injustice [that the state] doesn’t know the date, time and place [the alleged offences took place].
“It is barbaric – look how they have treated [Omotoso].
“This is a threat to national security and a transgression of human rights.”
Cultural, Religious and Linguistic Rights Commission chair Sheila Khama said though nothing much had changed, certain valid issues had been raised during the proceedings.
“All we are asking for is for this matter to be concluded in a specific timeframe, for the survivors,” Khama said.
“As long as justice is served and as long as justice is served for the survivors.”
National Prosecuting Authority spokesperson Tsepo Ndwalaza said Omotoso and his co-accused had a case to answer to.
“We have a strong case [against the accused]. All we want to see is justice,” he said.
The trial has been set down to start tomorrow.
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