The trial of controversial Nigerian pastor Timothy Omotoso resumed on Tuesday in the Port Elizabeth High Court.
The court announced the outcome of the application for leave to appeal Judge Mandela Makaula’s decision not to recuse himself.
Last week, Makaula said he found the defence had failed dismally to prove grounds for him to recuse himself, including allegations that he had already decided to convict and sentence, and that he was overtly sympathetic and prejudiced, among other claims.
Omotoso, 60, and his co-accused Lusanda Sulani, 36, brought the application on Monday for Makaula to recuse himself after he excused Cheryl Zondi from the witness stand and wished her well for her university exams.
Judge Mandela Makaula dismissed the application in the Port Elizabeth High Court for leave to appeal his earlier decision not to recuse himself in the rape trial involving Nigerian pastor Timothy Omotoso.
In handing down judgment, Makaula said the defence’s argument that he had a “cosy” relationship with state witness, Cheryl Zondi, was disingenuous and deliberately taken out of context.
Daubermann has now indicated that he plans to petition the Supreme Court of Appeal (SCA).
The case was postponed provisionally until December 10.
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