Judge to withdraw from Omotoso trial
Port Elizabeth High Court presiding judge Mandela Makaula has recused himself from pastor Timothy Omotoso’s trial and will explain his reasons for the decision in March.
Omotoso and two co-accused are facing a total of 97 charges, ranging from rape to human trafficking.
Makaula’s decision to recuse himself – which relates to business interests in a guesthouse used by state witnesses in the trial – follows a statement released by Omotoso’s defence lawyer, attorney Peter Daubermann, on Wednesday in which he outlined a meeting between himself, the judge and the state prosecutor, advocate Nceba Ntelwa. Makaula is expected to announce his decision and the reasons for his recusal when the trial resumes on March 15.
The case had been postponed in anticipation of a Constitutional Court decision on both an application to order
Only the decision on quashing of the charges is awaited
his recusal as well as an application to quash the charges.
In light of Makaula’s decision to recuse himself, only the decision on the quashing of the charges is being awaited.
In his first statement on Wednesday, Daubermann said: “We record that at about 9.30am yesterday, prior to the matter being postponed ... our Mr Daubermann and your advocates Ntelwa and Cerfontein met with Makaula J [judge Mandela Makaula] in chambers to discuss the further conduct of the matter.
“We record, further, that at the outset of the said meeting and in the presence of Makaula J, your Adv Ntelwa informed our Mr Daubermann that he felt it was his duty to disclose that certain of the state witnesses [whom he did not name] in the 2 [second] matter stayed in a guesthouse owned by Makaula J during the trial.
“Upon inquiry by Mr Daubermann, Adv Ntelwa disclosed further that Makaula J owns the said guesthouse indirectly through a company.”
In another statement late on Wednesday, Daubermann said: “State counsel and I had a meeting with the judge this afternoon in the latter’s chambers.
“The judge has agreed to recuse himself pursuant to my request. This will happen on 15 March 2019. He will hand down his reasons then.
“The judge has further agreed that his decision to recuse himself may be published.”
Daubermann declined to comment further.
Ntelwa could not be reached last night and did not respond to text messages.