The legal team representing Timothy Omotoso and his co-accused is seeking their release as they request an order to dismiss all charges against them.
This comes after the state concluded its case, calling 14 witnesses to testify against the televangelists in the High Court in Gqeberha.
Omotoso, along with his co-accused Lusanda Sulani and Zukiswa Sitho, face charges of rape and human trafficking. Omotoso has been in custody since his arrest in 2016, while his co-accused are out on bail.
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Defense lawyer Peter Daubermann filed an application on Monday, 4 September, under Section 174 of the Criminal Procedure Act, seeking his client's release.
Daubermann informed the court that the entire trial and the evidence provided by the complainants was tainted with misconduct by the prosecutor. He argued that the Constitution clearly states that every accused person has the right to a fair trial.
"It is very strange, to say the least, that the prosecution only called 10 of the 21 complainants. It appears that former state prosecutor, Advocate Nceba Ntelwa, was not truthful and attempted to mislead the court when he stated that the State intended to call all the complainants," Daubermann stated.
"Ntelwa neglected his duties as a prosecutor. Instead of seeking the truth and assisting the court, he acted as a purveyor of falsehoods, attempting to hide the truth from the court," Daubermann added.
He continued to say Ntelwa proposed that state witnesses should be influenced to lie under oath.
"The court has already found that Ntelwa proposed to another former state prosecutor, Ishmet Cerfontein, that state witnesses be coerced into committing perjury. The unethical and unlawful nature of Ntelwa's proposal to Cerfontein renders the trial unfair and puts it in jeopardy."
"In conclusion, there is no evidence before the court on which a reasonable court, acting carefully, could convict any of the accused on the charges. Therefore, it is respectfully submitted that all three accused should be discharged from all charges against them under Section 174," said Daubermann.
The state is expected to present its arguments on Tuesday, September 5.
