Question posted in the Criminal Law category relating to Eastern Cape
I saw the below summary posted about Rev Tim Omotoso’s case. I would like to know your opinion on the below as it affects many lives. What does this mean for South Africa? Is the below just and what can be done?
1. Rev Tim Omotoso was arrested without warrant of arrest after the state had agreed with his attorney, Griebenow from Port Elizabeth & Mr Cele from Durban that Omotoso was only invited for interviews.
2. On arrival, Rev Omotoso was forcefully dragged & abused by our officers like apartheid venomous officers whose behaviours were so barbaric & dehumanizing, with a gunshot released & his attorneys waiting for his arrival were molested & pushed away with no regard.
3. At the day of Omotoso's arrest, the Hawks spokesperson Mr Robert Netshiundu confirmed that no charge was opened against him by anyone before his arrest.
4. Rev Omotoso was wrongfully accused of playing cat and mouse by the media and the Hawks, because he single handedly paid for his ticket from Durban to Port Elizabeth (Gqeberha) and a return ticket the same day without being persuaded or any police escort.
5. The Hawks & the SABC media wrongfully accused Omotoso of deceiving them with flight delays, whereas his attorney Griebenow informed them of the departure & arrival as informed by the South African airlines. They both agreed that Rev Omotoso would be brought to the Hawks office for questioning since there was no case opened against him. However, the Hawks did not consider his legal team as planned. You can find out from his attorney from PE, Mr Griebenow.
6. Rev Omotoso was accused by the Hawks and the media of hiding in a female toilet and tried to escape or run away. A video report showed that Rev Omotoso was in the male toilet to urinate and would never escape from Port Elizabeth Airport with one single outlet,In airport terminals, a baggage reclaim area of such type.
7. Do you know that just like the time of apartheid, Rev Omotoso was whisked away by the Hawks & kept away from his attorney Griebenow, who went around the whole city of Port Elizabeth police stations searching for his client? All his efforts were futile until he then proceeded for late night court order, just to know the way about of Rev Omotoso. Check the court proceedings, what a hatred & abuse of power in a democratic South Africa.
8. The 1st judge in Omotoso's trial, judge Mandela Makaula broke history in South African jurisprudence by harbouring witnesses involved in the case in his apartment.
9. Judge Mandela Makaula portrayed one of the worse unethical behaviour in a presumable nonbiased court, when he vocally told the first witness, Miss Cheryl Zondi to go for her exams & they would take care of the accused. An indication that he never pursued justice without prejudice & never stood aloof, rather he compromised justice with emotions & hatred.
10. Miss Cheryl Zondi won the hearts of many South Africans, parliamentarians, the president, political parties, municipalities, departments etc yet she confirmed that her police statement was initially made in Johannesburg, but the state maneuvered, stamped & signed by Mr Plaatjies, brought a statement from Port Elizabeth. Judge Mandela Makauka persuaded the court to continue with it after the defence objected.
11. Cheryl Zondi, the first witness contradicted herself in all her evidence before the court. She even accused Omotoso of rape in a place he was not residing at the time of incidence. Municipal & the landlord's lease agreements were presented & she disapproved them.
12. The investigating officers in Omotoso's trial, Mr Peter Plaatjies & Brenda Magwanqa from the Hawks, who occupy a prominent position in our South African Executive arm of government to enforce law & order lied consistently with contradictory testimonies. Check the record...
13. Mr Peter Plaatjies in one of his evidences boldly lied with South African intelligence department. This is an indication of how the system has decayed. Our Officers make mockery in Court. What a national disrepute!
14. Mr Plaatjies of the Hawks lied in COURT! & told the court that Rev Omotoso stayed in Southern Sun Hotel & bribed the receptionist with R13 000.00 whereas receipt showed that Omotoso stayed in Philip Sanders Holiday resort. Check the report on the hotels in April 2017.
15. All witnesses involved in this allegation trial told the SABC tv non investigative derogatory Cutting Edge program something different, told DRUM magazine something different, police statements something different & psychological reports which came from a non-psychologist, something different.
16. One of the witnesses Hlubikazi Faleni told the Court that she was raped in South Africa by Rev Tim Omotoso at a time Rev Omotoso was in Israel.
17. The affidavit of all the prosecutors i.e. advocates Nceba Ntelwa, Makasana, Ismet Cerfontein and Babula involved in this trial, were contradictory and portrayed the level of judicial corruption in our Easter Cape judiciary.
18. The prosecutors involved in this trial in their quest to secure conviction, always presented the court with witnesses who presumably were not cross examined by the state before being arraigned in Court.
19. Rev Omotoso was accused of fraudulent permit because of an entrance stamp which our Home Affairs admitted was their irresponsible mistake.
20. Rev Omotoso was denied bail by Judge Zilwa because of an entrance permit stamp which our home affairs owned as their mistake & a threat message not traceable to Omotoso in any form. What a judge!
21. Ever since the trial resumed, all the defence application by Lead Advocate Peter Daubermann were either returned, rejected, opposed or no chance of succeeding. The present judge, Irma Schoeman ruled before the email communications was release about how adv. Ntelwa suborned witnesses to lie & change evidences, she ruled that adv. Ntelwa did not mislead the court.
22. The lead state advocate, Nceba Ntelwa and all the prosecution team in their overzealous quest to secure conviction by hook or crook, suborned witnesses to lie in the box and change their evidences.
23. The oddity of people we became as a nation towards our fellow Nigerian brother, Rev Omotoso without thorough, objective & critical investigation, pushed us to be so quick & hot to have marched to his church in Port Elizabeth, taking laws into our own hands, destroyed some things in his church & tried to force the church to close while we claim to believe in our justice system, yet no leader or person denounced our actions.
24. The mannerism Rev Tim Omotoso's fundamental human rights of presumed innocent until proven guilty in a non-biased court and justice without prejudice has been tramped upon in a democratic South Africa calls for concern.
25. The two investigating officers from the Hawks, Mr Peter Plaatjies & Capt. Brenda Magwanga who worked and investigated the cases as a team, shared different contradictory and conflicting testimonies in court during cross examination by late Adv Terry Price. You can verify this through the court proceedings...
26. OMOTOSOTRIAL has witnessed more than expected delays, postponed several times and justice delayed not seen as justice denied. He has been handled in South Africa as a Nigerian without a Country, an African in a racial foreign land and a fugitive, yet his achievements in the lives of many South Africans still remains outstanding.
... and so on.. the list is very long....