IN THE NAME OF THE LAW

The defense attorney in the Omotoso trial has come under fire for asking witness Cheryl Zondi probing personal questions. Was he crossing a line?

IN THREE days of gruelling cross-examination she became the face of courage in a country plagued by sexual assault. By choosing to waive her rights to anonymity and testifying in open court, Cheryl Zondi did what thousands of young women are too afraid to do: face her alleged attacker in the daunting surroundings of a courtroom – while TV cameras beamed her every word to an audience of millions.

The 22-year-old University of Johannesburg marketing student told in harrowing detail how Timothy Omotoso – the wildly popular pastor of the Jesus Dominion International church – allegedly sexually groomed her and raped and assaulted her several times, first when she was 14 and again when she was 19. BY THOLAKELE MNGANGA, SHANAAZ PRINCE & LESEGO MAJA

Omotoso (60) and his two co-accused, Zukiswa Sitho (28) and Lusanda Solani (36), are facing 63 charges and 34 alternative charges including rape, sexual assault, human trafficking and racketeering in the high court in Port Elizabeth.

Cheryl told the court she’d been in awe of Omotoso after watching clips of him performing “miracles”. However, she soon realised the sex acts he made her perform were sexual assaults, she alleges.

But it was when Advocate Peter Daubermann, the PE lawyer defending Omotoso, stood up to question Cheryl that things changed drastically.

Several of Daubermann’s questions were so personal he’s been accused of undoing exactly what Cheryl had hoped to achieve: he made the situation so fraught and uncomfortable other victims might be even more unwilling to speak out.

“Did you agree to the rape?” he asked her. “Did you scream?” “Why did you keep going back if you knew he was going to rape you?” “Why didn’t you speak out sooner?”

He even asked “how many centimetres” of Omotoso’s penis had penetrated her – a question even Judge Mandela Makaula couldn’t stomach.

“How would the witness know how many centimetres?” he asked. “I’ve been patient up until now. I won’t allow you to ask unfair questions.”

Daubermann wasn’t pleased with the judge, accusing him of interfering with Cheryl’s testimony and hampering his cross-examination.

Then, on the Monday after Cheryl returned to university to write her