Article by: Dumisane Dube
The case of rape accused pastor Timothy Omotoso has been postponed yet again at Port Elizabeth High Court on Monday.
Omotoso and co-accused Zukiswa Sitho and Lusanda Sulani are facing over 90 charges related to sexual offences and human trafficking.
His legal team is accusing state prosecutor, Advocate Nceba Ntelwa, of coercing witnesses to commit perjury.
The application by Omotoso’s attorney, Peter Daubermann, was brought about by an alleged email exchange between advocate Ntelwa and his colleague, advocate Ishmet Cerfontein.
Judge Irma Schoeman will deliver judgment in the Port Elizabeth High Court on the application filed by defence attorney, Peter Daubermann for Omotoso and co-accused Zukiswa Sitho and Lusanda Solani to be acquitted of the charges against them.
Dauberman says the prosecutors in the case did not have authority to prosecute as they were not appointed by the National Director of Public Prosecution.
The state conceded that the prosecutors were in an acting capacity, appointed on the 31st of May, and had an arrangement with the NPA to prosecute on the matter. But the approval was done by the National Director of Public Prosecution and Minister of Justice. The Government has relied on the state of disaster to introduce and give effect to lockdown restrictions, which it has used to curb the spread of the Covid-19 pandemic.
The case is postponed to Wednesday.
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