Rape accused’s bid to remove judge fails

The case against Nigerian pastor Tim Omotoso, charged with human trafficking and rape, has been postponed to Thursday, after Judge Mandela Makaula yesterday dismissed an application for him to recuse himself.

Makaula ruled that the application by Peter Daubermann, the legal representative for Omotoso and one of his co-accused, was without merit. He did not give full reasons.

Leave to appeal the court’s decision will be argued on Thursday with Daubermann indicating his clients were prepared to take the matter as far as the Supreme Court of Appeal.

Daubermann brought the recusal application based on the argument that Makaula was allowing his humanity to get the better of him and showing a level of bias in favour of state witness Cheryl Zondi.

Before Zondi left the witness stand to travel back to Johannesburg last week, Makaula wished her luck with her examinations and advised her to forget about the case, focus on her future and leave justice to the court.

“You are here on behalf of justice ... remember you are not doing this for yourself but in the interests of justice,” Makaula said at the time.

Daubermann argued these utterances showed that the court had already accepted Zondi’s version and was overtly sympathetic to her cause.

Making the application on behalf of rape accused Omotoso and alleged henchwoman Lusanda Sulani, Daubermann argued that the court had already decided to convict and sentence his clients.

“The honourable presiding judge has found Zondi as a crusader to justice. The judge is prejudiced against me and the co-accused. We seek a fair trial. I know it will take a while to replace him, but I ask the honourable judge to step down from this case,” said Daubermann.”

He said that an impartial judge was crucial to ensure a fair trial and pointed out that if Makaula refused the application, another court may come to a different finding, in which case the trial would have to start from scratch.

“You allowed your humanity to get the better of you, my lord, when you made those comments. Unfortunately, I had to criticise you for doing so,” Daubermann said.

“You wished her well for examinations and I have no problem with that. But you were overtly sympathetic with her and openly aligned yourself with her cause. With respect, it’s not your job to console witnesses.”

Zondi has accused Omotoso of raping and sexually abusing her at the age of 14.

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. – ANA