Omotoso case: Judge refuses to step down
Pastor’s legal representative alleges judge showed bias in favour of State witness Cheryl Zondi by wishing her well
THE case against a Nigerian pastor charged with human trafficking and rape has been postponed to Thursday.
The case was postponed in the Port Elizabeth High Court yesterday when Judge Mandela Makaula 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 against 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 himself and showing bias in favour of State witness Cheryl Zondi.
Before Zondi left the witness stand to travel back to Johannesburg last week, Makaula wished her the best of luck with her examinations and advised her to forget about the case, focus on her future and leave justice up 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.
“They seek a fair trial. I know it will take a while to replace you, but I ask the honourable judge to step down from this case.”
Daubermann said a judge could not show a “hint of bias”.
He said an impartial judge was crucial to ensure a fair trial; if Makaula refused the application, another court might come to a different finding and the trial would have to start from scratch.
“You commended her for testifying. You wished her well for her exams 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,” Daubermann said.
Zondi has accused Omotoso of raping and sexually abusing her from the age of 14.
Bathabile Dlamini, Minister in the Presidency responsible for Women, and politicians, gender activists and church leaders held a press conference earlier in the day.
Other government heavyweights included Communications Minister Nomvula Mokonyane and Water and Sanitation Deputy Minister Pamela Tshwete, who attended proceedings with members of the ANC Women’s League to speak out against gender-based violence.
Eastern Cape Premier Phumulo Masaulle and Nelson Mandela Bay mayor Mongameli Bobani also added their voices to those outraged by Omotoso’s alleged crimes.
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.