Sowetan

Omotoso heads to ConCourt

Pastor and co-accused to challenge SCA’s decision

- By Devon Koen

Controvers­ial Nigerian pastor Timothy Omotoso and his co-accused will approach the highest court in the country after the Supreme Court of Appeal (SCA) turned down their petition for leave to appeal against a high court judge’s decision not to recuse himself or to quash the charges against them.

Defence attorney Peter Daubermann, for Omotoso, 60, and his alleged henchwomen Zukiswa Sitho, 28, and Lusanda Sulani, 36, confirmed yesterday they would approach the Constituti­onal Court with an applicatio­n to overrule the SCA’s order.

“We do not agree with the finding of the SCA and are proceeding with an applicatio­n to the Constituti­onal Court for leave to appeal [the order],” Daubermann said. The trio are facing 63 main and 43 alternativ­e charges, including human traffickin­g, rape, sexual assault and racketeeri­ng. At the start of their trial, Daubermann brought an applicatio­n to have the charges against them quashed, claiming that the indictment did not contain sufficient informatio­n about the charges.

None of the three pleaded to the charges, prompting Judge Mandela Makaula to enter pleas of not guilty on their behalf. Makaula dismissed the applicatio­n and said he would give his reasons at a later stage, which prompted Omotoso’s legal counsel to apply for leave to appeal against Makaula’s decision. This was also dismissed.

A further applicatio­n was brought by Omotoso and Sulani for Makaula to recuse himself after the testimony of state witness Cheryl Zondi. The pair claimed Makaula had sided with Zondi. Makaula dismissed the applicatio­n as well as an applicatio­n for leave to appeal this decision.

Advocate Terry Price, SC, for Omotoso and his co-accused, then petitioned the SCA to apply for leave to appeal against Makaula’s judgments. This also failed. The trial continues on February 4.

 ?? / EUGENE COETZEE ?? Alleged sex-pest pastor Timothy Omotoso.
/ EUGENE COETZEE Alleged sex-pest pastor Timothy Omotoso.

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