Omotoso judge dismisses recusal application
Judge Mandela Makaula has
dismissed an application by pastor Timothy Omotoso to
recuse himself from the rape trial.
Omotoso's advocate, Peter Daubermann, submitted an application in the High Court in Port Elizabeth on Monday, asking Makaula recuse himself as presiding officer.
Daubermann read a statement, written by Omotoso, in which Makaula wishes state witness Cheryl Zondi well as proof Makuala sees Zondi as a "crusader" and is overtly sympathetic to her.
She is a University of Johannesburg marketing student.
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"The honourable judge has already made up his mind and found that Ms Zondi has come to testify not for herself but as a crusader in her quest for justice," the application read.
He says the comments made by Makaula presuppose an outcome in favour of Zondi and thus Omotoso would not have a fair trial.
Dauberman noted that should Makaula not recuse himself, and be found by another judge that he should have, then it would put all witnesses in a traumatic position as they would have to testify again.
Makaula did not explain his reason for dismissing the application.
Dauberman says he is willing to the Supreme Court of Appeal to remove Makaula from the trial.
The case has been postponed to Thursday.