OVERVIEW: State says application for recusal of judge 'a ploy to delay proceedings' in Omotoso trial

2018-10-25 14:00

Nigerian pastor Timothy Omotoso’s legal team has brought an application for leave to appeal Judge Mandela Makaula’s refusal to recuse himself from the matter in the Port Elizabeth High Court.

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Last Updated at 16:15
25 Oct 15:19

25 Oct 15:19
Court adjourns.

25 Oct 15:18
Case postponed till Tuesday, 30 October. 

25 Oct 15:15
Matter has been postponed.

25 Oct 15:12
"This application will fail," says Ntelwa.

25 Oct 15:09
"Defence has failed to show grounds of bias. No other court would find bias on the part of this court"

25 Oct 15:07
"He is speaking from his point of view, not objectively."

25 Oct 15:06
 Ntelwa says submission was a ploy to delay proceedings.

25 Oct 15:01

State prosecutor Nceba Ntelwa addresses the court.

Does not agree with submissions made by defence.


25 Oct 14:52
 The trial will not continue if we petition the Supreme Court of Appeal.

25 Oct 14:50
 Price continues to state an impartial judge is a fundamental pre-requisite for a fair trial.

25 Oct 14:49
Price: "It's (your words) not biased my lord, but it is perceived biased" by the accused.

25 Oct 14:48

25 Oct 14:47
Price: "I am not suggesting for one second that you are biased or maliscious, my lord."

25 Oct 14:47
Price: "It's hard to recuse yourself."

25 Oct 14:44

Daubermann has been criticised for the question on how far the penetration was.

Price says the question might have not been asked in right way, but it needed to be asked.


25 Oct 14:42

Advocate Price brings up testimony of Cheryl Zondi. 

This is one of the worst chart sheets I've ever seen, all over the place, says Price

Price: Cheryl Zondi made two statements: one with the police and the other, herself. 


25 Oct 14:36

25 Oct 14:30
Makaula concludes his reasons for dismissing the application.

25 Oct 14:29

It is not about the subjective feelings of the applicants.

The perception that the applicants won't receive a fair trial is baseless.


25 Oct 14:27
The grounds for my recusal are dubious.

25 Oct 14:26
It is ridiculous in the extreme to assume that I had accepted Miss Zondi's version of events before the accused has testified.

25 Oct 14:25

I am taken aback by this argument.

I am astonished by this argument.

There is nothing to suggest that I was consoling Miss Zondi.


25 Oct 14:10
The judge speaks about the presumption of impartiality, saying that it is implicit.

25 Oct 14:08
Makaula addresses the court, he reads out the reasons as to why he dismissed the application by the defence.

25 Oct 14:03
Court is now in session.

25 Oct 14:03

INSIDE COURT:

Daubermann and Advocate Terry Price can be seen together in court. Daubermann has called upon Price to asisst in the matter to have Judge Makaula recuse himself from the case.


25 Oct 14:02

Protesting PE residents victorious as Omotoso church shut down

Heated exchanges took centre stage outside the entrance of the Jesus Dominion International church in Port Elizabeth, as men in dark shades and suits came out of the blue garage doors to face off against protesters on Sunday morning.

Over 100 people from different political parties and members of society came together at Govan Mbeki Avenue, to demand the church close shop and the building is shut down.

The common purpose was to eliminate any links that represent the pastor, Timothy Omotoso, who is currently on trial for rape, human trafficking and other 97 related charges.


25 Oct 14:02

OUTSIDE COURT:

Opposing protesters have gathered outside the High Court, some with placards.

Police are present, dividing the opposing groups.

Last week, protesters chased Daubermann outside court, and threw water at him. He was forced to make a hasty exit.

On Sunday, protesting PE residents gathered outside the Jesus Dominion International church in Port Elizabeth, with the purpose of eliminating any links that represent Omotoso.

Police formed a wall of safety between the protesters and the Omotoso defenders. 


25 Oct 14:02

THE LATEST: Omotoso rape trial: 'We continue to support the man of God', says church

Rape accused Timothy Omotoso's church, Jesus Dominion International, will "continue to stand with and support the man of God", it said in a statement on Thursday.

"We would like to believe in the justice system and that Rev Omotoso's basic legal right of the presumption of innocence will be upheld. The presumption of innocence principle means one is considered innocent unless proven guilty," the church said in its statement.  

The church has three branches in the Eastern Cape: in Port Elizabeth, Fort Beaufort and East London.


25 Oct 14:02

REASONS FOR TRIAL POSTPONEMENT ICYMI:

Defence lawyer Peter Daubermann, on Monday (October 22) asked Judge Mandela Makaula on behalf of his clients, to recuse himself from the case.

Makaula turned the application down. However, his decision could be appealed.

Daubermann has requested more time to consult with his senior counsel on the matter, court was postponed until Thursday to allow consultation.


25 Oct 14:01

On Omotoso and continuously giving powerful men a free pass

We begin the new week with the resumption of the rape trial of Pastor Timothy Omotoso in the Eastern Cape High Court.

It is a brand new week, new witnesses will take the stand, but the same old hurts will be triggered.

We expect, once again, that when twin sisters Anele and Neliswa Mxakaza take the stand this week, they too will be asked the same unwarranted, abusive questions: Why did you go to his room? Why did you not scream? Were you not enjoying it?

And the one question that not even the most hardened defenders of violent men have ever asked: how deep did the accused penetrate you? We all gasped. It was an attack on body and soul.


25 Oct 14:01

Omotoso trial: 'No merit' in request for me to recuse myself, judge rules

The lawyer representing controversial pastor Timothy Omotoso and his two accused has asked presiding Judge Mandela Makaula to recuse himself from the case.

Advocate Peter Daubermann demanded that Makaula recuse himself, as he had made questionable judgments regarding the case.

Key to his complaints is the fact that Makaula wished Cheryl Zondi good luck for her exams.

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