Timothy Omotoso bail hearing delayed again

Rape and human trafficking accused Timothy Omotoso in the Port Elizabeth high court on Friday with advocate Terry Price SC. His bail application was postponed until Monday
THIRD ATTEMPT: Rape and human trafficking accused Timothy Omotoso in the Port Elizabeth high court on Friday with advocate Terry Price SC. His bail application was postponed until Monday
Image: WERNER HILLS

Rape accused Nigerian pastor Timothy Omotoso will spend another weekend in jail after his bail hearing in the Port Elizabeth high court was postponed again on Friday.

It is the third time Omotoso, 62, is applying for bail, after being denied bail twice in the Port Elizabeth magistrate’s court and after losing an appeal in the high court.

On Friday, defence advocate Terry Price SC told the court he had opted not to call a witness he had intended to, because the witness had confirmed he would present the same testimony as state prosecutor Ismat Cerfontein, who was in the dock  on Wednesday.

This after Price told the court on Thursday that he might want to call advocate Livingstone Sakata, the acting director of Public Prosecutions in the Eastern Cape, Makhanda division, who is Cerfontein’s superior.

However, Price said Sakata had told him he had no further information on the matter and as such, he had not deemed it necessary to call him to testify.

Judge Phillip Zilwa, who has been hearing the bail application, agreed to postpone the matter to Monday, when Price is expected to call a police officer who took down witness statements, to testify.

On Wednesday, Cerfontein told the court she had withdrawn from the Omotoso case for ethical reasons, but did not specify what her reasons were.

Cerfontein was responding to questions regarding a letter dated May 21, sent to the national director of Public Prosecutions, advocate Shamila Bathoi, by state witness Cheryl Zondi, who accused Cerfontein of being condescending, patronising and “almost racist”.

Cerfontein denied the allegations levelled against her by Zondi.

On Tuesday, Price brought the bail application on the basis of new facts, which he said included that the trial had been unjustifiably delayed, the state had a weak case, Omotoso was not a flight risk and would not interfere with or intimidate witnesses.

Omotoso, 62, along with his co-accused Lusanda Sulani, 37, and Zukiswa Sitho, 29, face 63 main and 34 alternative charges among them, ranging from rape to sexual assault, human trafficking and racketeering.

Omotoso has been in custody since his April 2017 arrest, while Sulani and Sitho are out on R2,000 bail each.

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