New Omotoso defence takes aim at state prosecutor

Nigerian pastor Timothy Omotoso’s defence took aim at a state prosecutor on the second day of his bail application in the Port Elizabeth High Court yesterday.

Defence advocate Terry Price, SC, said information the defence had in its possession could have a damaging effect on the case.

He said this information constituted some of the new facts which were part of Omotoso’s fourth application for bail.

On Tuesday, Price told judge Phillip Zilwa that it was imperative for state prosecutor Ishmet Cerfontein to be called as a witness after he claimed she withdrew from the matter for ethical reasons.

Price said Cerfontein had no choice but to withdraw after a letter written by Cheryl Zondi, on behalf of state witnesses, was sent to the national director of public prosecutions, advocate Shamila Batohi.

The letter, dated May 25, claims witnesses were unhappy with Cerfontein after she took over from advocate Nceba Ntelwa, who withdrew from the case in March.

In the letter, seen by Sowetan's sister publication The Herald, Zondi claimed Cerfontein was “difficult” and came across as “patronising and condescending” while dealing with witnesses and “almost racist”.

On Monday, Ntelwa, who has since been reassigned to the case, told Zilwa he would consult with Cerfontein to assess if he would call her as a witness.

However, on Tuesday he said he had decided not to, prompting Price to tell the court he would consider subpoenaing her.

Price said Cerfontein’s reasons for her decision to withdraw from the case were pertinent to determine a way forward.

Before the lunch adjournment, Zilwa ordered that Ntelwa speak to Cerfontein to convince her to report to the court at 2pm, when she is expected to give evidence.

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

They have all pleaded not guilty.