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PORT ELIZABETH. – The rape trial of Nigerian pastor Timothy Omotoso resumed in the Eastern Cape High Court in Port Elizabeth today with the state expected to call its next witness to the stand on day 7 of the Timothy Omotoso trial at the Port Elizabeth High court on Monday.
Omotoso (60) and his two co-accused Lusanda Solani (36), and Zukiswa Sitho (28) are currently facing 63 charges and 34 alternative charges which include rape, sexual assault and racketeering.
The first witness in the matter, Cheryl Zondi testified that Omotoso raped and sexually assaulted her from the age of 14.
Meanwhile, Peter Dauberman‚ the lawyer representing rape-accused pastor Omotoso‚ has asked presiding officer Judge Mandela Makaula to recuse himself from the case.
“I have instructions to ask your Lordship to recuse yourself from the trial. I am going to place certain remarks that your Lordship made under scrutiny.”
Dauberman told the court that his clients‚ Omotoso and his co-accused‚ want Makaula to excuse himself from the trial and allow another judge to take over.
In an affidavit read out in court‚ Omotoso said Makaula’s comments‚ wishing state witness Cheryl Zondi well for her exams‚ were biased against him. She is a University of Johannesburg marketing student.
“The presiding officer has already made up his mind… he is sympathetic towards Zondi and her cause. He identified [with] and aligned himself to Zondi’s cause‚” Omotoso says in the affidavit.
“He has already decided to mete justice on behalf of Zondi. He is biased in favour of Zondi and the prosecution. He is and will not be impartial‚” Omotoso claimed.
He added that he has not received a fair trial from Makaula.
Dauberman said Sulani shared Omotoso’s sentiments. – New Agents
Online Reporter