It will be at least six weeks before the rape and human-trafficking trial of Timothy Omotoso resumes in the Port Elizabeth High Court after a judge on Tuesday dismissed applications for leave to appeal against two of his earlier decisions.
The trial of the charismatic Nigerian televangelist will only resume in December, after his defence counsel indicated they would now petition the Supreme Court of Appeal.
However, judge Mandela Makaula also said cryptically that it might be the last time he sat in court for the trial proceedings.
Makaula dismissed the applications – one for leave to appeal against his decision not to recuse himself and the other against his decision not to quash the 97 charges against the alleged sex-pest pastor and his co-accused, Lusanda Sulani, 36, and Zukiswa Sitho, 28.
The applications were brought by advocate Terry Price, SC, last week after Makaula ruled he would not recuse himself following Omotoso and Sulani’s claims that he had been biased with state witness Cheryl Zondi.
“I stand by my word in deciding these applications. I will not regurgitate them or repeat them – there are no reasonable prospects of success,” he said.
“The application for leave to appeal is dismissed.”
In his submissions to the court, Price – on behalf of Omotoso and Sulani – claimed that Makaula had already decided to convict them, that he had believed Zondi’s evidence to be true, and that the pair did not enjoy a fair trial.
Sitho was not part of the application for recusal.
In his judgment, Makaula said he had “exhaustively dealt with the grounds” submitted for his recusal and still stood by his earlier decision.
Quoting excerpts from the court record, Makaula highlighted specific instances where the defence had claimed he was being “too cozy” with Zondi.
“[These comments] were deliberately taken out of context,” the judge said.
Makaula said the anguish Zondi was in was “abundantly clear” and that because the court proceedings were broadcast live the public had full knowledge of what she was going through.
He said he had been surprised that the defence had brought an application for leave to appeal against his decision not to quash the charges on the basis that he had not given his reasons for the dismissal.
Makaula had said he would give his reasons either during or at the end of the trial.
Omotoso’s attorney, Peter Daubermann, brought to the court’s attention previous complaints he had raised about the safety of his clients’ family and supporters.
“I object to the fact that the family and supporters of my clients are not given fair and unfettered access to the court.”
Part of Daubermann’s complaint was that there were only 10 access tickets given to his clients for family and supporters to attend proceedings.
“That in itself is unfair.”
Daubermann said that, according to the constitution, every person was entitled to a public and open court and if certain people were barred from entering the court, it would be tantamount to being an unfair trial.
State prosecutor senior advocate Nceba Ntelwa said it was the first time he had heard about anyone being prevented from entering the court.
“We can sit down with security and sort it out,” Ntelwa said.
Makaula said it might be the last time he sat in the court for the trial proceedings, indicating security concerns could be dealt with at a later stage.
The case was provisionally postponed to December 10 after Daubermann indicated that his clients would now petition the Supreme Court of Appeal.