Having failed in an attempt to appeal a Port Elizabeth judge’s decision to allow the trial of alleged sex pest Timothy Omotoso to be heard in the Port Elizabeth high court, the controversial Nigerian pastor's defence attorney indicated they would approach the highest court in the country.
On Monday, state prosecutor Nceba Ntelwa told Judge Irma Schoeman that the Supreme Court of Appeal (SCA) had dismissed Omotoso’s application to appeal her decision to have the trial heard in Port Elizabeth.
It was the second time Omotoso, 60, and his co-accused, Lusanda Sulani, 36, and Zukiswa Sitho, 28, had lost a petition to the SCA, reported HeraldLIVE.
In its judgment passed down on October 17 2019, the SCA ruled that the application for leave to appeal Schoeman’s decision was dismissed on the grounds that there were no reasonable prospects of success, and that there was no other compelling reason why an appeal should be heard.
In August, defence attorney for Omotoso and his co-accused, Peter Daubermann, argued that the Port Elizabeth high court did not have the authority to hear the entire matter as some of the alleged offences took place elsewhere in the country and abroad.
Daubermann claimed the authorisation certificate to centralise the case was invalid.