Judge Mandela Makaula will hand down his decision on whether to grant leave to appeal on two applications next Tuesday.
Pastor Timothy Omotoso’s defence roped in senior counsel advocate Terry Price for their application for leave to appeal against Makaula’s decision not to recuse himself.
They also issued submissions for the quashing of the charges against Omotoso and his co-accused, Zukiswa Sitho and Lusanda Sulani.
The attempts to quash the charges by Omotoso’s defence have been described as a ploy by the defence to delay the case and not proceed any further, according to state prosecutor Nceba Ntelwa.
The applications by Omotoso’s defence have delayed the second witness against him from taking the stand.
Makaula began court proceedings by tabling reasons why he had dismissed Daubermann’s application. He reminded the court that witnesses must be treated with courtesy and respect.
“No cross-examiner is entitled to insult a witness,” he said.
Price tabled his reasons why the trial could not continue with the matter also before the Supreme Court of Appeal.
“My lord, every one of us makes a mistake. Let’s see what the Supreme Court of Appeal has to say.”
He told the court that the perception of bias created in the Petermaritzburg High Court were strong enough grounds to allow the application for leave to appeal.
“I humbly request that you grant us leave to appeal,” Price pleaded.
Ntelwa opposed the application and said he did not agree with Price’s submissions. He believed Price’s submission to quash the charges was a ploy to delay proceedings. He said the charge sheet stated clearly where the alleged offences occurred.
Ntelwa said Omotoso’s defence had failed to come up with grounds that there was any bias on the part of the court.
Makaula will hand down his decision on whether to grant leave to appeal on both applications next week.
Omotoso and his co-accused face a total of 97 charges, with 63 as main charges and 34 as alternative charges.
Protesters in support of Omotoso, as well as against him, were outside court singing. – The Citizen
