A lawyer for human trafficking accused pastor Timothy Omotoso has argued that the counsel representing the state in an application for a mistrial does not have the authority to do so.
The revelation on Monday threw a further spanner in the works of the already severely dragged out case.
Omotoso, represented by attorney Peter Daubermann, has accused the prosecuting team, under advocate Nceba Ntelwa, of conspiring to persuade witnesses to commit perjury.
He therefore called for a mistrial.
Advocates Chris Mouton SC and Gerard Wolmarans were appointed by the National Prosecuting Authority (NPA) to defend Daubermann’s application.
But, Daubermann said, they did not have the necessary authority to do so.
Addressing the high court in Gqeberha on Monday, Daubermann said because Mouton and Wolmarans had been appointed by the NPA, and not the national director, deputy national director or any of the provincial directors of public prosecutions as per standard practice, they did not have the proper authority to represent the state in the proceedings.
Daubermann said he had already highlighted the issue in June when the matter was postponed to allow the state time to make further representations in the mistrial application.
He then asked judge Irma Schoeman to rule in his favour and to acquit Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho, of all charges, ranging from rape to sexual assault, human trafficking and racketeering.
They all pleaded not guilty to the charges at the beginning of the main trial.
Mouton conceded that they had entered into an agreement with the NPA to represent the state, but insisted this was common practice and in line with the law.
According to Mouton, Daubermann had a strange interpretation of the situation as the NPA was the statutory body overseeing all prosecutions in SA and the directors of public prosecution fell within the NPA.
Mouton said there was approval from the national director of public prosecutions for the agreement between them and the NPA which was signed off on May 31.
“We signed the letters of acceptance,” he said.
Mouton said they were properly appointed by June 8 before argument in the mistrial application was meant to go ahead on June 21.
Schoeman postponed the matter to August 18 to rule on the application before arguments can be heard in the application for a mistrial.
Ntelwa stands accused of withholding crucial evidence and causing complainants to lie in the witness box.
HeraldLIVE
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