In a dramatic turn of events, the lawyer for rape-accused televangelist Tim Omotoso has petitioned the Eastern Cape High Court in Gqeberha to deem the trial unfair, citing allegations of corruption against the prosecutors.
Peter Daubermann, Omotoso's attorney, filed an application on Thursday, claiming that the trial has been "tainted by corrupt prosecutors" and that evidence presented by the witnesses should be ruled inadmissible.
The crux of the allegations centers on Advocate Nceba Ntelwa, one of the prosecutors in the case. Daubermann alleges that Ntelwa advised a witness not to deviate from her police statement, which did not include an allegation of rape. However, the witness had previously informed Ntelwa's colleague, Advocate Ishmet Cerfontein, about the alleged sexual assault.
"This directive by Adv. Ntelwa to the witness not to deviate from her police statement, despite her having given information to Adv. Cerfontein about the alleged rape, is a deceitful and manipulative practice that undermines the integrity of the trial," Daubermann argued.
Daubermann further claims that the prosecutors have withheld information from the defense, violated discovery rules, and failed to disclose the existence of exculpatory evidence. He alleges that this "corrupt and dishonest conduct" has created an atmosphere of distrust and prevented the defense from presenting a fair and effective case.
In response to the allegations, National Prosecuting Authority (NPA) spokesman Anelisa Ngcakani denied any wrongdoing. She stated that the NPA has confidence in its prosecutors and the integrity of the evidence presented in court.
Omotoso faces a total of 97 charges, including rape, human trafficking, and racketeering. The trial has been ongoing since 2018 and has attracted widespread attention in South Africa and beyond.
The allegations of prosecutorial corruption have cast a shadow over the proceedings, raising concerns about the fairness of the trial and the credibility of the evidence presented. The court is expected to hear arguments on Daubermann's application and make a ruling in due course.
It is crucial to note that the allegations against the prosecutors remain just that – allegations at this stage – and they have not been proven in court. However, the mere existence of these allegations has the potential to undermine public confidence in the justice system and highlights the importance of ensuring the integrity and fairness of criminal trials.