Omotoso's rape trial hits another snag

Timothy Omotoso in the Port Elizabeth High Court on Monday. Omotoso and his two co-accused have pleaded not guilty to all the charges against them
Timothy Omotoso in the Port Elizabeth High Court on Monday. Omotoso and his two co-accused have pleaded not guilty to all the charges against them
Image: EUGENE COETZEE

Three days into the long-awaited reopened trial of alleged sex-pest pastor Timothy Omotoso, the case hit another snag with a postponement yesterday, this time to allow the defence to consult with a state witness.

After the state's first witness, Andisiwe Dike, 30, finished giving her evidence in chief on Tuesday, Omotoso's defence counsel, Peter Daubermann, began his cross-examination. But proceedings were stalled when it emerged that there were glaring discrepancies in a statement Dike had given a police officer in January 2018.

The much-delayed trial had to reopen on Monday after the previous judge, Mandela Makaula, recused himself early last year after it emerged that his wife owned a guest house where state witnesses were staying.

Dike did not deny that there were inaccuracies in the statement, saying there were allegations in the statement that she had not made.

These included that Omotoso had had penetrative sex with her - which she said did not happen - and that he had ejaculated inside her, which she also denied.

Asked by Daubermann where the police officer who took her statement had got the information, Dike said: "I don't know. I cannot explain."

During her testimony, Dike graphically described how Omotoso had, on numerous occasions, allegedly sexually assaulted her after she arrived at his Jesus Dominion International church Durban mission house in May 2016.

Dike said she had stayed at the house for 13 months because she was too afraid to leave, even after Omotoso was arrested at the Port Elizabeth International Airport in April 2017.

Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho, pleaded not guilty on Monday to 63 main and 34 alternative charges, ranging from sexual assault to rape, human trafficking and racketeering.

After it emerged that there were discrepancies between Dike's statement to police and her evidence in court, Daubermann brought an application for a trial within a trial to be held to determine the admissibility and credibility of the statement.

He argued that the court needed to hear from the police officer who took Dike's statement where the alleged discrepancies originated before he could continue with the cross-examination.

"I cannot question [Dike] about the statement because it is not credible," Daubermann said. After hearing arguments from the state and Daubermann, judge Irma Schoeman dismissed the application and said she would give her reasons later.

Daubermann said he would not continue with the cross-examination of Dike until the statement and its contents had been proved and asked that he be allowed to consult with the police officer who took the statement.

After a short adjournment to allow state prosecutor Nceba Ntelwa to contact the police officer to establish her availability, Ntelwa told the court that the officer was in Namibia and would only be available on Monday to consult with Daubermann.

Schoeman postponed the matter to Monday.

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