Ruling due on Timothy Omotoso vague-charges claim

As the rape and human trafficking trial of alleged sex-pest pastor Timothy Omotoso is beset by continued delays, his defence counsel and the state will find out on Thursday if the 97 charges he and his two co-accused face will stick.

Presiding Port Elizabeth High Court judge Irma Schoeman will have to grapple with claims that the indictment is unclear about the charges against them or whether it is, indeed, detailed enough for the state to continue with its case.

Allegations that the state was withholding vital information from Omotoso’s defence team that would allow it to prepare a fair defence and that a vague charge sheet was being used to prosecute him and his two co-accused were made in court on Wednesday.

Defence attorney Peter Daubermann, for Omotoso, 60, and co-accused Lusanda Sulani, 36, and Zukiswa Sitho, 28, claimed the state had not bothered to investigate and determine specific dates and places of alleged rape incidents and human trafficking of at least 21 young women.

These were some of the main reasons for the defence filing an application for an order compelling the state to provide further particulars of the 97 charges ranging from rape to human trafficking and racketeering.

“The state did not bother to get the information,” Daubermann said.

“The state did not bother to investigate further, to the detriment of [Omotoso and his coaccused].”

According to Daubermann, the state has in its possession details of when and where the alleged offences took place, but refused to give it to the defence.

“Had proper information been supplied, the defence could prepare a defence argument and prepare an alibi from the [outset].

“The state cannot simply say on or about 2001 and 2010 an offence occurred where [Omotoso allegedly] raped a complainant,” he said.

Dressed in his usual flamboyant attire, Omotoso entered the dock from the holding cells sporting a shiny maroon jacket and clutching a Bible, while his supporters cheered and called out “my general”, “my daddy”.

Since the start of the trial, Omotoso’s defence counsel has brought a number of applications to have the charges quashed, for further particulars to be furnished to the defence, and for previous judge Mandela Makaula to recuse himself.

Makaula recused himself in March, prompting Eastern Cape judge-president Selby Mbenenge to order that the trial start afresh before a new judge on July 30.

On Wednesday, state prosecutor Nceba Ntelwa told the court that the state had provided the defence with sufficient information and had no more particulars to provide.

“This is not the first time the defence is on the attack,” Ntelwa said.

“[During the initial trial], we supplied [the defence] with the information they requested and they were happy.

“There was no application to compel the state to provide further particulars.

“The specifics required could not be given because we did not have it,” he said, referring to a previous

application. Ntelwa said the information pertaining to the charges was obtained from the complainants, and the charges had been formulated from that information.

“At the heart and soul of charges is to inform the accused of the charges the state intends to bring.

“The type of information required [by the defence] does not advance the interests of justice, as the Constitutional Court found.”

Daubermann claimed it was sloppy work by the state in that they could have used cellphone records to place the alleged victims at certain places at specific times.

These claims were not addressed by Ntelwa.

After hearing arguments from both sides, Schoeman said she would hand down her ruling on the defence’s application at 2pm on Thursday.

Meanwhile, outside the courthouse, supporters of Omotoso, on the one hand, and his alleged victims, on the other, gathered on opposite sides of the cordoned-off road.