Timothy Omotoso and his two co-accused face 97 charges, including rape, human trafficking, racketeering and sexual assault.
The former state prosecutor in the trial of controversial pastor, Timothy Omotoso, may be called to testify in the High Court in Port Elizabeth on why she withdrew from the case.
Omotoso and his two co-accused, Lusanda Sulani and Zukiswa Sitho, face 97 charges, including rape, human trafficking, racketeering and sexual assault.
Defence advocate Terry Price says advocate Ishmet Cerfontein’s evidence could be crucial in the bail application of Omotoso.
A police officer who took statements from witnesses, and the investigating officer could also be called.
The defence on Tuesday argued that Omotoso is no longer a flight risk, and he has strong family ties.
He is also suffering psychologically being jailed for more than three years.
Omotoso is also concerned about the occurrence of the coronavirus (COVID-19) in prison.
Adv Terry Price said the state’s case is weak, that it is in the interest of justice that bail be granted.
Price says all the delays are unjustifiable, and that Omotoso never intimidated or threatened witnesses.
Judge Phillip Zilwa ruled that the state will consult with Adv Cerfontein.
In August, Omotoso suffered a double blow in court when his legal team’s application for more exact details of the crimes he is alleged to have committed to be added to the indictment was dismissed in the Port Elizabeth High Court.
Cross questioning state witness
In March, Omotoso’s legal representative, Peter Daubermann cross questioned State witness Andisiwe Dike.
Daubermann honed in on inaccuracies in Dike’s written statement to police, and her oral evidence in court saying that the police officer claimed to have recorded the statement as accurately as possible.
The court also heard that Omotoso and his two co-accused deny knowledge of the sexual assaults mentioned by the state witness.