OVERVIEW: Judge in Omotoso trial dismisses defence application to recuse himself

2018-10-22 09:49

The rape trial of Nigerian pastor Timothy Omotoso has resumed in the Eastern Cape High Court.

Pastor Timothy Omotoso is standing trial for rape.
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Last Updated at 17:32
22 Oct 14:25

22 Oct 14:18
Matter postponed to Thursday, 25 October. Court adjourns.

22 Oct 14:16
State prosecutor concedes to the request by defence to adjourn until Thursday to allow for the defence to approach senior counsel on matter regarding the application brought forward by Daubermann for the judge to recuse himself. 

22 Oct 14:08

Court resumes.


22 Oct 13:55

ICYMI: Omotoso trial lays bare questions of patriarchy and the law

By Bathabile Dlamini

The proceedings at the trial against Timothy Omotoso bring to the fore critical questions for public deliberation about the theory of law in contemporary democratic South Africa.

More specifically, the conduct of the defence attorney, Advocate Peter Daubermann, calls on us to revisit the interpretation and practice of law as it pertains to the historical antagonisms of the justice systems against women. 

The general rule of jurisprudence in South Africa is that lawyers possess the obligation to act in their client's best interests. However, such burden is subject to the supreme duty of all legal practitioners to the criminal justice system and the court.


22 Oct 13:40

22 Oct 13:36

COLUMN: On Omotoso and continuously giving powerful men a free pass

By Redi Tlhabi

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.


22 Oct 13:31

Dlamini: We know that women are at the bottom of the ladder of poverty, they are the face of poverty.

Issues of education are also important.

All organisations have issues of patriarchy, even the media. When we try to catch the demon of patriarchy, it changes itself. 


22 Oct 13:30

Dlamini: We all agree that patriachy is institutionalised in South Africa, we need to have programmes that are going to break the shadows of patriarchy.

The policy is to ensure that government across all departments and spheres, as well as the private sector, must all report on what they have done to improve the quality for women.


22 Oct 13:22

Dlamini: We are aware that few women report cases of abuse. Concurrent to hearings, we will be revisiting the Sexual Offences Act, amongst other acts.

Cross examination should not be used as a platform to cause secondary trauma to victims of crime. The law must be proactive to victims.


22 Oct 13:20

Dlamini: We will stop at nothing to hold government responsible. Government will hold public hearings nationwide.  

We question the Department of Correctional Services about treatment that Omotoso is allegedly receiving in their facilities.


22 Oct 13:13

22 Oct 12:55

Daubermann asks to adjourn until senior counsel is available on Thursday. Makaula says he does not want to stall proceedings.

Court adjourns until 14:00


22 Oct 12:53

Daubermann says he wants to consult further with senior counsel, willing to take matter to the Supreme Court of Appeal (SCA).

Asks for matter to stand down.


22 Oct 12:47
The application has no merit and is therefore being dismissed, says Makaula.

22 Oct 12:47

Court is back in session.


22 Oct 12:15
Makaula says he will take time to consider the application, court adjourns, is set to resume at 12:45.

22 Oct 12:14
State prosecutor Nceba Ntelwa responds to Daubermann's submission. Says the words used by judge when wishing Cheryl Zondi luck for her exams were not grounds for Daubermann's application to succeed.

22 Oct 12:12
Daubermann suggests Makaula recuse himself at an earlier stage, in order to avoid other complainants having to start over in delivering their testimonies.

22 Oct 12:07
Daubermann: "With respect,  it is not your job to console"

22 Oct 12:06
Daubermann: "You were overtly sympathetic towards her and aligned yourself with her cause."

22 Oct 12:02

ICYMI:

OVERVIEW: 'It's about justice, leave everything to us' - Judge tells Zondi ahead of postponement in Omotoso trial

Judge wishes Zondi goodluck on behalf of the court ahead of her exams.

"That is your future, you need to concerntrate on your future, and forget about what is happening here," he says.


22 Oct 12:00

Daubermann argues that:

a) Makaula is not impartial.

b) Has already made up his mind that Zondi's testimony is true.

c) Omotoso and accused already feel guilty in Makaula's eyes.

d) The accused seek a fair trial in front of an impartial judge.

e) Makaula's comments shows he is sympathetic towards first witness.


22 Oct 11:56

Daubermann refers to case in support of application.

Adds if Makaula recuses himself, trial will start all over again, Daubermann says.


22 Oct 11:55
Application handed over to Judge Makaula, based on Makaula's comments made during last week's court proceedings, wishing Zondi well ahead of her exams. Daubermann says Omotoso and co-accused seek his recusal from the matter. 

22 Oct 11:50

"You need to recuse yourself from this matter," says Daubermann.

Daubermann requests judge to examine his remarks. 


22 Oct 11:44
Daubermann says he will place remarks made by Makaula under scrutinity.

22 Oct 11:40
Court is in session.

22 Oct 11:32
The court room fills up, the accused are seated, as they prepare to resume shortly.

22 Oct 11:25

22 Oct 11:22
Taiwo and co-accused have been escorted by security/police upon arrival. 

22 Oct 11:20
Opposing groups of protestors have gathered outside court, police have separated the groups. Supporters are heard chanting outside the High Court.

22 Oct 11:11
Taiwo Omotoso (Omotoso's wife) along with co-accused Zukiswa Sitho and Lusanda Sulani are seen arriving at court ahead of the resumption of proceedings.

22 Oct 10:43

22 Oct 10:31

22 Oct 10:29

22 Oct 10:25
Court adjourns for few minutes, both council will approach judge in chambers.

22 Oct 10:22
In respect of family members, I know for a fact this courtroom is very small to accommodate everyobody else, therefore I cannot comment how they're supposed to be accommodated. But when it comes to the accused, I have a say. 

22 Oct 10:19

Judge: Cannot make a ruling until both sides of the story is heard.

The council is to approach judge in chambers. 


22 Oct 10:15

Makaula says what happens outside court has no effect in here (inside court). Police should investigate criminal conduct outside.

"I am in control here," Makaula.  


22 Oct 10:13
Makaula says the matter has gained public interest. Says police will escort accused to and from court. 

22 Oct 10:11

Daubermann says he has been accused of asking irrelevant questions, has been intimidated.

"A very dangerous precedent is being set here, there is no possibility of the accused of receiving a fair trial."


22 Oct 10:03

READ: Omotoso lawyer Daubermann: 'I won't allow myself to be intimidated by ignorant people'

Advocate Peter Daubermann has condemned the actions of a crowd of protesters who chased him outside the Eastern Cape High Court in Port Elizabeth on Wednesday.

The protesters threw water at Daubermann and chanted "Stand in defence of Cheryl!" as he made a hasty exit.


22 Oct 10:02

22 Oct 10:01

"It's not safe for us to come to court," says Daubermann.


22 Oct 10:01
Advocate Peter Daubermann informs Judge Judge Mandela Makaula of co-accused's absence. Saying they (Lusanda Sulani and Zukiswa Sitho) fear for their lives approaching court.

22 Oct 09:55
Court is in session, Omotoso's co-accused are not present in court. 

22 Oct 09:50

Omotoso rape trial resumes

The rape trial of Nigerian pastor Timothy Omotoso is expected to resume in the Eastern Cape High Court in Port Elizabeth on Monday.

Omotoso and his two co-accused 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.

Under cross-examination, Zondo was asked just how deep she believed Omotoso had penetrated her and why she didn't scream.


22 Oct 09:50
Last week, the first witness in the matter, Cheryl Zondi, testified that Omotoso raped and sexually assaulted her from the age of 14.

22 Oct 09:50

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.

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