By Mark Ogagan
The case against rape-accused Nigerian Pastor, Timothy Omotoso and his two co-accused, Zukiswa Sitho and Lusanda Sulani, continues at the Gqeberha High Court in South Africa’s Eastern Cape on Thursday.
During the last appearance in court last week, the defence asked Judge Irma Schoeman to drop all charges against the accused, stating that the case was unconstitutional and unfair.
This is because of the alleged questionable and unethical conduct of former prosecutor, Nceba Ntelwa.
In February, Omotoso and his two co-accused notched up a partial victory when Schoeman ordered that special entries be made in their court file.
The judge granted only three of the seven irregularities that the defence believes have been committed on the part of the state.
The three entries are that the Ntelwa had proposed to his superiors that three State witnesses commit perjury, the failure of all advocates involved to disclose contradictions in witness testimony and the fact that Ntelwa’s superiors allowed him to continue to prosecute the case despite his questionable conduct.
Other entries that Judge Schoeman did not allow into the court file, pertain to the court’s failure to investigate whether Ntelwa had suggested to the witnesses to commit perjury and the state’s failure to disclose that Ntelwa formed a WhatsApp group on which he communicated with complainants.
Schoeman said some entries had become irrelevant because the accused were acquitted on certain charges, in which witnesses were allegedly encouraged to suborn themselves.
In October last year, a Section 174 application to have the charges dropped against the accused was unsuccessful.
The state wanted more time to go through the request.
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