Nigerian Pastor Timothy Omotoso at the Port Elizabeth High Court on Tuesday, 9 October 2018. Picture: Raahil Sain / ANA
Rape accused Pastor Timothy Omotoso’s defence will head to the Constitutional Court after their bid to have Judge Mandela Makaula recused from the case failed in the Supreme Court of Appeal on Tuesday.
The SCA dismissed their application with reasons that it lacked a “reasonable prospect of success,” according to a News24 report.
The legal team will head to the Constitutional Court with their application.
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The SCA was expected to rule on whether Makaula should recuse himself from the case on Monday, but the ruling came in on Tuesday.
This was after advocate Peter Daubermann accused the judge of being prejudiced against the pastor in favour of first state witness Cheryl Zondi.
Daubermann’s comments such as “leave it to us” allegedly showed bias towards the witness.
“I understand what happened, my lord, but it’s not your job to consult with the witness. A judge cannot hint bias,” said Daubermann.
The case against Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho, was postponed to February 2019.
The trio are facing several charges of rape, assault, and human trafficking.
(Compiled by Gopolang Chawane)
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