Recusal bid halts pastor’s trial
SCA TO RULE: A JUDGE CAN’T HINT AT BIAS – DEFENCE
Lawyer says Makaula gives the impression he’s biased towards victim.
Pastor Timothy Omotoso’s trial has been postponed to February next year pending the Supreme Court of Appeal’s ruling on the defence’s bid to get Judge Mandela Makaula to recuse himself from the case.
The appeal was expected to be heard yesterday.
Omotoso’s lawyer, advocate Peter Daubermann, accused Makaula of being prejudiced against the pastor and biased in favour of state witness Cheryl Zondi.
Makaula dismissed the application for him to step down at the end of October, leading to the appeal bid.
Daubermann, who applied on behalf of his client for Makaula to recuse himself, claimed that the judge had allowed his humanity to get the better of him.
Daubermann stated that Makaula wished Zondi well for her exams, which had led him to believe Makaula was sympathetic towards her.
“I have to criticise you on those comments,” said Daubermann at the time.
Quoting Makaula, Daubermann said comments such as “leave it to us” meant “leave it to me to see that justice is done on your behalf”.
“I understand what happened, my lord, but it’s not your job to consult with the witness. A judge cannot hint at bias,” added Daubermann.
Televangelist Omotoso 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. Alleged accomplices Lusanda Solani, 36, of Durban, and Zukiswa Sitho, 28, of Port Elizabeth, are accused of recruiting girls from across the country and monitoring their movements in the houses where they were kept.
Omotoso was arrested by the Hawks on April 20 last year.
Zondi announced the establishment of the Cheryl Zondi Foundation last week.
The foundation will offer support to women and children who have been abused in “sacred spaces” such as churches. – Additional reporting by Kaunda Selisho
It’s not your job to consult with the witness.