The lawyer of the Nigerian pastor on trial for sexual assault and rape in South Africa, wants the judge to recuse himself from the case.
Pastor Timothy Omotoso and the accused.
Pastor Timothy Omotoso’s lawyer, Peter Daubermann says Judge Makaula should recuse himself from the case after wishing one of the alleged victims and witness, Cheryl Zondi, goodluck on behalf of the court ahead of her exams.
Peter Daubermann handed over the application to Judge Makaula on Monday morning.
“You were overtly sympathetic towards her and aligned yourself with her cause,” Daubermann said.
Following that the State prosecutor Nceba Ntelwa responded to Daubermann’s submission.
Saying the words used by Judge Makaula, by wishing Cheryl Zondi luck for her exams, are not grounds for Daubermann’s application to succeed.
Daubermann added that if Judge Makaula recuses himself, the trial will start all over again.
Cheryl Zondi
Makaula said he will take time to consider the application.
Omotoso and his co-accused, Lusanda Sulani (36) and Zukiswa Sitho (28), face 97 charges of sexual assault, rape and human trafficking