GQEBERHA: State wins crucial battle as High Court rejects Timothy Omotoso and bid to dismiss evidence, paving way for trial to proceed, with matter remanded until 9, December for further proceedings.
The National Prosecuting Authority (NPA) successfully thwarted televangelist Timothy Omotoso’s latest endeavour to discredit crucial evidence, arguing that it was unconstitutionally obtained. The High Court of South Africa, Eastern Cape Division, Gqeberha, upheld the NPA’s stance, deeming the evidence admissible in the trial. Consequently, the case was remanded until December 9, 2024, for further proceedings. This triumph for the NPA follows a series of attempts by Omotoso’s legal team to secure a mistrial, including five previous applications. Notably, on January 16, 2024, the defense team petitioned the judge to reconsider her earlier ruling on their application for discharge, citing Section 174 of the Criminal Procedure Act. Despite these efforts, the trial progressed, and the evidence in question was deemed admissible.
Judge Irma Schoeman had previously dismissed the accused’s application for discharge, paving the way for the state to proceed with the remaining trial proceedings. Consequently, the trio was required to present their defence and submit to cross-examination by the state. Timothy Omotoso (63), Lusanda Sulani (41) and Zikiswa Sitho (33) have since faced a total of 32 charges, including racketeering, human trafficking for sexual purposes, rape, and sexual assault. The trial, which began in April 2017 following Omotoso’s arrest, experienced numerous delays leading to a significant reduction in charges from 63 to 32. Unfortunately, these delays caused some witnesses to lose interest in testifying as they had moved on with their lives and were reluctant to relive their experiences in court. Despite these challenges, the trial progressed and the accused were required to present their case.
Omotoso, the controversial leader of the Jesus Dominion International (JDI) church, faced a total of 32 charges, including racketeering, human trafficking, rape, and sexual assault. Omotoso, who was denied bail, was accused of leading a criminal enterprise, with his two South African co-accused serving as his assistants. The JDI church, which had its headquarters in Durban had a significant presence in South Africa, Nigeria, and Israel. Omotoso, who was reverently addressed as “the man of God” by his followers, allegedly exploited this position of power to perpetrate heinous crimes. Despite his denial of bail, his co-accused were granted bail, highlighting a stark contrast in their treatment by the justice system.
The complainants, who were either devoted congregants, employees, or individuals selected to participate in church activities, were lured under the false pretense of spiritual growth or improved livelihood. Omotoso, either directly or through his co-accused, orchestrated and financed the complainants’ travels to his hotels in Durban, Israel, or Nigeria. However, upon arrival, the complainants were met with a sinister revelation: they were required to surrender their cell phones, sever contact with male companions, and submit to Omotoso’s authoritarian instructions, masquerading as house rules.
The complainants and other female church members were confined to a single room, where they were forced to sleep and exist in a state of captivity. Omotoso would then allegedly select one of the complainants to accompany him to his private bedroom, where he would perpetrate acts of rape and sexual assault. The state remained steadfast in its commitment to ensuring a swift and just resolution to this case, thereby guaranteeing that the victims would receive the justice they so rightfully deserve.
Justice must be serve