Omotoso trial postponed: State asks for time to prepare witnesses

The case against televangelist, Timothy Omotoso, has suffered yet another postponement. This time, the State has asked for some time to prepare its witnesses for the retrial.

The trial has been postponed for the state to prepare the witnesses. #sabcnews #Omotosotrial

— Jayed-Leigh Paulse (@JayedLeigh) January 28, 2020

Omotoso ran out of delay tactics when the Constitutional Court threw out his appeal application on Monday, 6 January. The ruling meant that Omotoso’s defence would have to argue every one of the 97 charges he faces at the Port Elizabeth High Court.

Omotoso trial: State prepares its case against accused televangelist

The accused leader of the Jesus Dominion International Church made his way into the courtroom, on Tuesday, accompanied by his co-accused, Lusanda Sulani, 36, and Zukiswa Sitho, 28.

The appearance was a short one. The Constitutional Court judgment was acknowledged by the Port Elizabeth High Court and it was in the State’s hands to determine a commencement date for the retrial.

State prosecutor, Nceba Ntelwa, indicated that a commencement date of Monday, 24 February would allow the State enough time to prepare its witnesses.

The judge concurred with Ntelwa without interjection from Omotoso’s defence, and the matter has since been rested until February.

Will Cheryl Zondi relive the horrors of her past once again?

The short answer is, yes. Unfortunately, the way matters turned out in the trial means that Cheryl Zondi, the State’s star witness, will have to recount everything she accused Omotoso of, in great detail, once again.

Proceedings in the trial were halted by Omotoso’s defence in November 2018, when Advocate Peter Daubermann asked for the presiding judge, Mandela Makaula, to recuse himself.

The basis of this request was founded on what they saw as a trial that had already found Omotoso and his co-accused guilty.

Makaula, however, was forced to remove himself from the case due to the perceived conflict of interest in his wife’s business dealings with the national prosecuting Authority (NPA). The accommodation used by the State to house witnesses is a business ran by Makaula’s wife.

In his announcement, the judge revealed that he had no influence, whatsoever, on the dealings of his wife’s business, nor was he privy to any information about the state witnesses.

The introduction of a new judge, Irma Schoeman, meant that the State had to reset its case entirely. Zondi’s rivetting testimony and everything that was placed on record had to be wiped out.

Consequently, Zondi is expected back on the witness stand as the State’s first witness when the trial restarts in February. However, prosecutors have not confirmed this and based on the nature of the retrial, Ntelwa’s team is not obliged to follow the same approach.