This comes after the Supreme Court of Appeal (SCA) dismissed petitions by Omotoso and his two co-accused to force the judge to step down from the matter.
FILE: Timothy Omotoso and his co-accused Zukiswa Sitho and Lusanda Sulani at the Port Elizabeth High Court on 9 October 2018. Picture: Gallo Images/Sowetan/Eugene Coetzee
CAPE TOWN – A pastor accused of sex crimes simply won’t let up in his bid to have the judge in his trial recuse himself.
The defence for Timothy Omotoso will now approach the Constitutional Court. This after the Supreme Court of Appeal (SCA) dismissed petitions by Omotoso and his two co-accused to force the judge to step down from the matter.
The SCA court also turned down Omotoso’s second application to quash the charges against him and the two women.
The National Prosecuting Authority’s Tshepo Ndwalaza says the office welcomes the SCA’s ruling.
“As the NPA we are actually pleased because now we know that we’re going back to the trial to ensure that justice is served.”
The defence has now indicated it’ll approach the highest court in the country with an application to overrule the appeal court’s decision.
Ndwalaza says this is merely a delay tactic.
“We don’t want to appear as if we’re trying to hinder them from practicing their legal rights. We don’t see how this will service their interests by delaying the trial because it’s been delayed a lot.”
Omotoso remains behind bars, while his two co-accused are out on bail.
(Edited by Shimoney Regter)