High court dismisses application on 'vague' Omotoso charges

Published Aug 1, 2019

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PORT ELIZABETH - The Port Elizabeth High Court on Thursday dismissed an application brought by Nigerian pastor Timothy Omotoso’s legal team to compel the State to provide further particulars in what was described as “vague” charges. 

Omotoso faces 63 main charges, including human trafficking, rape and sexual assault. The trial has started afresh before a new presiding officer, Judge Irma Schoeman. 

Omotoso’s co-accused, Lusanda Sulani and Zukiswa Sitho, are accused of recruiting girls from all over the country for purposes of sexual exploitation. 

Defence advocate Peter Daubermann brought the application to compel the State to furnish further information pertaining to the charge sheet. 

Daubermann slammed the charge sheet, describing it as "vague" and hindering his client's right to a fair trial.

Daubermann wanted the State to provide the times, dates and places of the alleged offences. 

However,  Schoeman in her ruling on Thursday, said that the State could not be expected to provide particulars that it did not have. 

She added that the charges were reasonably sufficient in nature. 

Schoeman highlighted that the further particulars provided previously, amplified by the summary of the substantial facts in the indictment, put all three accused in a position to adequately prepare a defence. 

Daubermann requested a postponement to consult with his clients and consider a position on a way forward for the defence. 

The case was postponed until Friday.

African News Agency (ANA)

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