PORT ELIZABETH , South Africa – The Nigerian pastor Timothy Omotoso and his co-accused yesterday heard in the Port Elizabeth High Court their leave to appeal had been dismissed.
The Supreme Court of Appeal dismissed the bid by Omotoso, Lusanda Sulani and Zukiswa Sitho to have the ruling of Judge Irma Schoeman relating to the jurisdiction of the Port Elizabeth High Court overturned.
The Supreme Court ruled the High Court had the jurisdiction to hear all charges, and that there was no compelling reason why an appeal should be heard.
State advocate Nceba Ntelwa said in court: “Following the outcome of the Supreme Court of Appeal’s decision, the state is ready to proceed with the trial.”
Defence attorney Peter Daubermann said the accused would bring an application to the Constitutional Court to challenge the Supreme Court’s judgment.
In August, Schoeman turned down a defence application to appeal her decision challenging the court’s jurisdiction and centralisation of charges against the trio.
She said she dismissed the application because the charge sheet had sufficient information for defence preparations.
The case was postponed to 21 November.