The trial of pastor Timothy Omotoso resumes in the High Court in Port Elizabeth on Monday.
This comes after the new presiding Judge, Irma Schoeman, dismissed Omotoso’s application for leave to appeal her decision to have the case heard in that court.
Defence lawyer, Peter Daubermann previously told the court that it only had jurisdiction over seven out of the 97 charges the accused was facing.
He brought an application to have all charges heard in the jurisdictions where the alleged offences occurred but Schoeman dismissed it.
Anda Nqonji (SABC News reporter) reports that Omotoso’s lawyer, Daubermann argued that the indictment authorising the Port Elizabeth high court to hear all the charges was no longer relevant on the newly started trial.
According to the report, he said the failure by the state to furnish the court with a new indictment, meant they are free to challenge the jurisdiction of this trial.
But Schoeman dismissed this, saying the current indictment was sufficient and provided enough information to proceed with this case.
But before the case was postponed, Daubermann indicated plans to petition this decision at the Supreme Court of Appeals.
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