Another day lost in Omotoso trial

Yet another day was lost in the rape and human trafficking trial of Timothy Omotoso due to a legal wrangle between the state and the defence.

While defence attorney Peter Daubermann, appearing for Omotoso and his co-accused Lusanda Sulani and Zukiswa Sitho, brought an application in the Port Elizabeth High Court to have the evidence of two state witnesses struck from the record, prosecutor Nceba Ntelwa brought a counter application to amend the indictment before court.

Daubermann on Thursday argued that the evidence by witnesses Adisiwe Dike, 30, and Lerato Msibi, 30, conflicted with the information supplied by the state in the form of two indictments, further particulars to them and the statements the women gave to police.

Daubermann’s argument is based on the fact that what Dike and Msibi had said in court regarding dates, places and the number of times they were allegedly sexually assaulted by Omotoso and had allegedly been trafficked, varied vastly from what the state alleges in its indictments.

In his heads of argument on Friday, Ntelwa said the discrepancies were irrelevant as evidence regarding times and places would be heard through the evidence-in-chief by state witnesses.

Ntelwa further brought an application to amend six specific charges which refer specifically to Dike and Msibi, which Daubermann objected to, citing that it would add extra charges to the indictment.

Omotoso, Sulani and Sitho pleaded not guilty last week to 63 main and 34 alternative charges ranging from rape to human trafficking, sexual assault and racketeering.

Judge Irma Schoeman postponed the matter to Monday, when she is expected to give judgment in both the applications.