Judge accused of bias

RAPE accused Timothy Omotoso’s case has been postponed in the Port Elizabeth High Court yesterday pending Judge Mandela Makaula’s ruling on two leave to appeal applications brought by the defence.

All eyes will be on Makaula on Tuesday when he hands down judgment on leave to appeal his refusal to recuse himself, as well as his refusal to quash the charges against Omotoso and his co-accused Lusanda Sulani and Zukiswa Sitho.

The defence already alluded to taking the matter to the Supreme Court of Appeal in Bloemfontein.

If the applications are denied they plan to petition the SCA or a full bench of judges in Grahamstown.

On the quashing of charges, defence advocate Terry Price argued the defence was entitled to prepare its defence, but the charge sheet lacked crucial detail, such as the time, date and specific locations of where the alleged crimes took place.

In terms of Makaula’s refusal to recuse himself, Price said he was not for one second saying the court was biased or malicious.

But Price said Makaula should have recused himself based on his utterances to State witness Cheryl Zondi.

“A reasonable, objective and informed person would not apprehend bias from the common courtesy shown to Zondi in wishing her well with her exams,” Makaula said when giving reasons for dismissing the recusal application. Makaula said it was too early for him to form an opinion as Omotoso, Sulani and Sitho needed to put their version to the court.

“It’s ridiculous in the extreme because not a shred of the accused’s version has been put to me. I’m astonished by this argument, there’s nothing to suggest I was consoling Ms Zondi… all I know is that she gave evidence of what allegedly occurred,” the judge said.

But Price argued that Makaula could be perceived to be biased.

He said it appeared that Makaula treated Zondi very “cosily”.

“You repeatedly asked her are you OK? Do you want to take a break?

“(The) accused are thinking, why are you so nice to her? Why are you carrying her.” The Nigerian pastor faces 63 main charges and 34 alternative counts which include human trafficking, rape, sexual assault, racketeering and conspiracy in aiding another person to commit sexual assault.

His two alleged henchwomen, Sulani and Sitho are accused of recruiting girls for purposes of sexual exploitation.