Rape-accused televangelist Timothy Omotoso and his two co-accused have failed in a bid to have evidence deemed inadmissible.
The trio, Omotoso, 63, Lusanda Sulani, 41, and Zikiswa Sitho, 33, argued that the evidence was obtained unconstitutionally.
On Wednesday, the High Court of South Africa, sitting in Gqeberha, upheld the National Prosecuting Authority's (NPA) position, allowing the evidence to be considered in the trial.
The trio are facing 32 charges, which include racketeering, trafficking in persons for sexual purposes, rape, and sexual assault.
Omotoso, a Nigerian national, was arrested in April 2017.
The NPA said the trial has experienced numerous delays which included applications by the televangelist for five special entries for a mistrial, “including an application made on January 16, 2024, where the defence made an application for the judge to reconsider her previous judgment on the application for discharge, according to Section 174 of the Criminal Procedure Act,” said Eastern Cape NPA spokesperson Luxolo Tyali.
The NPA said these delays caused some witnesses to no longer want to proceed with giving evidence, as they indicated they have since moved on with their lives and are not interested in reliving their experiences in court.
“That has led to the reduction of the charges from 63.”
Omotoso is an awaiting trial prisoner, who has been denied bail.
His co-accused are out on bail.
The NPA said it is alleged Omotoso, who was addressed as “the man of God”, was the leader of the Jesus Dominion International (JDI) church, while his co-accused were his assistants.
The church had branches in South Africa, Nigeria, and Israel, with Durban being its headquarters in the country.
“The complainants were either congregants, employees or persons selected to take part in the activities of the church when they were recruited under the pretext that they would benefit spiritually or improve the quality of their lives.
“Omotoso allegedly directly or indirectly through his co-accused, paid and arranged for the complainants to travel to his hotel, Durban, Israel, or Nigeria. However, once the complainants arrived, Omotoso or his assistants would inform them of house rules which included that their cellphones be switched off or told not to contact male companions and were to further abide by his instructions.
“The complainants and other female church members were allegedly kept in one room where they also slept. Omotoso would allegedly select one of the complainants to go to his private bedroom where he raped or sexually assaulted them.”
The NPA said it remained committed to ensuring that this case is finalised as soon as possible so that justice is served for the victims.
The trial is set to resume on December 9, 2024.
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