Nigerian pastor accused of rape in South Africa loses bid to stop evidence

The Port Elizabeth High Court in Gqeberha, South Africa, has dismissed an application by a Nigerian pastor, Timothy Omotoso, and two others to declare evidence against them in a rape and trafficking case inadmissible.

The case

Mr Omotoso, 63, and his female assistants, Lusanda Sulani, 41, and Zikiswa Sitho, 33, were arrested in April 2017 over allegations of rape and trafficking.

Based in South Africa, the Nigerian cleric founded Jesus Dominion International Church, with branches in Israel and Nigeria.

Mr Omotoso and his assistants are facing 32 counts, including racketeering, trafficking in people, rape and sexual assault.

He was denied bail while his two assistants – all South Africans – had since been granted bail.

The two assistants were accused of being accomplices in the alleged crimes.

The charges against the defendants were initially 63 but later reduced to 32 after some witnesses indicated they had lost interest in pursuing the case due to delay.

Mr Omotoso

Dismissal of application

Mr Omotoso and the two others, through their lawyer, Peter Daubermann, asked the court to declare the evidence against them inadmissible.

The accused argued that the evidence was obtained “unconstitutionally.”

But the court, presided by Irma Schoeman, dismissed the application and ruled that the evidence would be considered in the trial, Daily Sun, a South African newspaper, reported on 21 August.

Luxolo Tyali, the regional spokesperson of Eastern Cape’s National Prosecuting Authority (NPA), told the newspaper that the decision came after previous applications by the televangelist for five special entries for a mistrial.

The National Prosecuting Authority is the South African agency responsible for the country’s prosecutions.

“Judge Irma Schoeman had previously dismissed their application for discharge, and the state was ready to proceed with the remaining proceedings in the trial, meaning that the accused must present their case and they will be subject to cross-examination by the state,” Mr Tyali said.

The spokesperson said those who accused Mr Omotoso of rape and trafficking included members of his church, employees or people selected to participate in church activities.

Mr Tyali said some of the employees were recruited under the pretext that they would benefit spiritually or improve the quality of their lives.

“Omotoso allegedly, directly or indirectly through his co-accused, paid and arranged for the complainants to travel to his hotels in Durban, Israel or Nigeria.

“However, once the complainants arrived, Omotoso or his assistants would inform them of house rules which included that their cellphones be switched off, they were not to contact their male companions and they were to obey his instructions,” he stated.

He said the complainants and other female church members were allegedly kept in one room where they also slept.

Mr Tyali added that Mr Omotoso would allegedly select one of the complainants to go to his private bedroom, where he allegedly raped or sexually assaulted them.

He said the matter has been adjourned until 9 November.