– OCTOBER 22: Controversial Nigerian pastor Timothy Omotoso during his rape and human trafficking trial at the Port Elizabeth High Court on October 22, 2018 in Nelson Mandela Bay, South Africa. The case was postponed after Judge Mandela Makaula dismissed an application by Omotoso’s defence counsel, Peter Daubermann, to recuse himself from the case on an argument that Makaula had been prejudiced, not impartial and had sympathised with state witness Cheryl Zondi when he wished her well for her exams. (Photo by Gallo Images / Netwerk24 / Lulama Zenzile)
– OCTOBER 22: Controversial Nigerian pastor Timothy Omotoso during his rape and human trafficking trial at the Port Elizabeth High Court on October 22, 2018 in Nelson Mandela Bay, South Africa. The case was postponed after Judge Mandela Makaula dismissed an application by Omotoso’s defence counsel, Peter Daubermann, to recuse himself from the case on an argument that Makaula had been prejudiced, not impartial and had sympathised with state witness Cheryl Zondi when he wished her well for her exams. (Photo by Gallo Images / Netwerk24 / Lulama Zenzile)
Judge Mandela Makaula will be recusing himself from the Timothy Omotoso trial next month, as revealed by defence lawyer Peter Daubermann. The courtroom battle was barely a week old before it became less about the alleged victims and more about the legal teams.
The defence
Timothy Omotoso trial latest news: Why has the judge recused himself?
“Special treatment” of Cheryl Zondi
Daubermann and Advocate Terry Price were both stinging in their criticism on Makuala and the way he allegedly “took Zondi’s side” during her intense cross-examination back in October. By repeatedly asking the witness if she was alright and if she wanted to sit, the defence felt aggrieved by his words.
He also went on to tell Daubermann to “tone it down” when he asked a particularly tough set of questions to Zondi. Without handing out any official reprimands, Makaula did intervene with the defence’s questioning twice. He also wished Zondi “the best of luck” with her exams at the end of her testimony, upsetting Daubermann’s team
In the second week of the trial, Omotoso’s representatives approached the Supreme Court of Appeal to have the judge removed based on these grounds:
“Our Lordship repeatedly asked Zondi if she is okay, would she like to sit. It was her choice to testify in open court. She should have testified on camera if she wasn’t able to handle a courtroom setting.”
Terry Price
A questionable charge sheet in the Omotoso trial
Daubermann and Price have both raised questions about the charge sheet presented by the prosecution, with the latter labelling it as “one of the worst” he’s ever seen. Though this isn’t a direct cause of Makuala’s recusal, it has formed part of the momentum that has carried the defence to this point and could have serious repercussions for the case.
Guesthouse conflict of interest
As we learned this week, one of the guesthouses that accommodated witnesses in the trial is actually owned by Mandela Makuala. This has proved to be the last nail in the coffin in terms of his eligibility to continue presiding over the Omotoso trial. Cheryl Zondi had also stayed there, adding to the “perceived bias” claims of the defence.
The judge in the trial of Evangelist, Timothy Omotoso, will give reasons for his recusal in court on the 15th of next month. Yesterday SABC NEWS revealed that Judge Mandela Makaula owns the guesthouse used to accommodate state witnesses in the Omotoso case #sabcnews
— SAfm news (@SAfmnews) February 7, 2019
