Omotoso loses his application for leave to appeal decision not to grant him bail

11 November 2020 - 10:43
By Devon Koen
Rape and human trafficking accused Timothy Omotoso.
Image: EUGENE COETZEE Rape and human trafficking accused Timothy Omotoso.

Rape and human trafficking accused Timothy Omotoso has lost his application for leave to appeal a decision by a Port Elizabeth High Court judge not to grant him bail.

Passing down judgment on Wednesday morning, judge Phillip Zilwa said there were no reasonable prospects another court would come to a different conclusion.

According to Zilwa, Omotoso’s defence attorney Peter Daubermann failed to present any relevant basis or merits to form an opinion that another court would rule differently.

It is the third time Omotoso has failed to secure bail after previously attempting and failing twice in the Port Elizabeth magistrate's court.

It was previously mentioned by Daubermann that he would take the matter to the Supreme Court of Appeal.

Omotoso, along with his co-accused Lusanda Sulani, 37, and Zukiswa Sitho, 29, face 63 main and 34 alternative charges, ranging from rape to sexual assault, human trafficking and racketeering.

Omotoso has been in custody since his April 2017 arrest, while Sulani and Sitho are out on R2,000 bail each.

Their main trial is expected to resume after trial judge Irma Schoeman has made rulings on two separate applications: one by the state to make amendments to the indictment and the other by the defence to scratch the evidence of two state witnesses from the record who had previously testified.