By Antia Dangazele
The Gqeberha High Court has once again dismissed an application by Nigerian televangelist Timothy Omotoso, 63, and his two co-accused, Lusanda Sulani, 40, and Zukiswa Sitho, 33, for a mistrial.
Omotoso’s defence attorney Peter Daubermann asked Judge Irma Schoeman to reconsider her previous judgment on the application for a mistrial earlier in January.
Daubermann argued that his clients had been wrongfully accused and were not given a fair trial. Omotoso has been charged with racketeering, human trafficking, rape and sexual assault. His two co-accused face charges related to allegedly recruiting girls for sexual exploitation.
Daubermann also argued that one of the witnesses had committed perjury and that the state prosecutor, Nceba Ntelwa, had coerced witnesses in the first trial to lie on the stand. The first trial was scrapped in 2019 when the judge recused himself,,
On Tuesday, Schoeman dismissed Daubermann’s bid for a mistrial but ordered that the conduct of the former prosecutor and his supervisors be dealt with at the end of the trial.
She set aside 24 June to 5 July for the main trial to proceed.
Omotoso, the leader of the Jesus Dominion International Church, was remanded in custody. Sulani and Sitho are out on bail.
National Prosecuting Authority spokesperson Luxolo Tyali said the latest ruling paves the way for the trial to proceed to finality.
“When the matter returns to court, it is expected that the accused will present their case if they choose to take the witness stand in their defence. The prosecution will get the opportunity to test their evidence by cross-examining them,” Tyali said.
The trial has experienced numerous delays since Omotoso’s arrest in April 2017. Because of the delays, some witnesses no longer wanted to carry on giving evidence as they said they had moved on with their lives and were not interested in reliving their experiences in court.
This led to a reduction in the charges.
Pictured above: Televangelist Timothy Omotoso, Lusanda Sulani and Zukiswa Sitho at the Gqeberha High Court.
Image source: Anita Dangazele
