A SPECIAL entry application was filed in the Port Elizabeth High Court by the defence of rape-accused pastor Timothy Omotoso.
The legal team representing Omotoso as well as his co-accused Lusanda Sulani and Zukiswa Sitho made an application based on section 317 (1) for a special entry to be made on the record.
This comes after Judge Irma Schoemann dismissed an application that was requesting an order to dismiss all charges against them.
Instead, the court agreed with the prosecution that the alleged irregular actions by the senior state prosecutor Nceba Ntelwa, who has since been removed from the trial, could not be said to have rendered the trial unfair.
The trio's lawyer, Peter Daubermann, made the application on Wednesday, 29 November, when they made a brief appearance in the High Court in Gqeberha.
They are now facing 32 charges after the reduction of the charges from 63.
Their charges include racketeering, trafficking in persons, rape, and sexual assault. The televangelist has been in custody since his arrest in 2016, while his co-accused are out on bail.
The state prosecutor, Advocate Joel Cesar, told the court the defence made an application only on Wednesday, 29 November, and they needed time to consult.
“We can’t just reply to an application without having time to look into it and prepare for arguments.”
ALSO READ: Zuma sentenced to 12 years in jail!
Daubermann agreed that indeed the papers were filed on Wednesday morning and the accused in the papers would bring irregularities made in the case.
In the papers, Dauberman said: “The court failed to investigate whether Advocate Ntelwa suborned (bribed) Melucia Jiyane, Lerato Msibi, or any other complainant who testified on behalf of the state committed perjury.
“The court failed to investigate Advocate Ntelwa’s involvement in the trial on the fairness of the trial once it became known that he had planned to suborn state witnesses to commit perjury or in fact suborned Jiyane to commit perjury,” read the papers.
The court postponed the matter until 16 January 2024.
Outside court, Metro cops stood in between ANC members and the Jesus Dominion International Church members, who had gathered to support the pastor.
