JUDGE Irma Schoeman ruled lead prosecutor Nceba Ntelwa cannot continue as prosecutor in the Timothy Omotoso rape trial.
Schoeman delivered her judgment in the Port Elizabeth High Court on Monday, 6 December in the defence’s application for a mistrial.
This after defence attorney Peter Daubermann applied for a mistrial following allegations that the state misled the court and prosecutors colluded to alter witnesses’ evidence.
In April, Daubermann exposed email communications between former state prosecutor Ismet Cerfontein and Ntelwa, allegedly conspiring to persuade witnesses to lie.
According to the application, when Cerfortein was the lead prosecutor after Ntelwa was removed from the prosecuting team, she found out Ntelwa persuaded witnesses to lie in court under oath.
Last September, Cerfontein, who had been helping Ntelwa with the case, withdrew for ethical reasons, which were never explained in detail.
Ntelwa was brought back, along with Advocate Zukile Mdolomba and Advocate Vatiswa Jodwana-Blayi, but Mdolomba died in November after a short illness.
Delivering judgment, Schoeman said: “The actions of Ntelwa were irregular and not in accordance with a prosecutor who has 14 years experience of prosecuting sexual offence related cases.
“Most witnesses in this case have not testified yet before this court and a mistrial would infringe on their rights. As for Ntelwa, I’m of the view that it would not be in the interest of justice that he stays on in this case.”
Soon after judgment, Daubermann requested leave to appeal and referred the matter to the Supreme Court of Appeal and the trial was moved to 25 January.
Omotoso has been in custody since 2017 after he was arrested at Chief Dawid Stuurman International Airport.
