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For the past month Timothy Omotoso’s wife Taiwo has been getting special privileges in the Port Elizabeth Magistrates’ Court.
With the assistance of court officials, whose identities are known to City Press; she was allowed to illegally use a special point of entrance that even staff of the court do not use.
For two weeks, City Press was embroiled in a battle with the department of justice for an explanation on the reasons why Omotoso and her escorts were not being searched upon entering the court building.
But on Tuesday, the last day of arguments in the rape-accused pastor’s bail application, Taiwo arrived at the court and, for the very first time, used the same entrance as the rest of visitors of the court.
She was escorted by her bodyguards as she made 300-metre walk into the main gate and the court building. When she reached the door that would lead to courtroom 22, where her husband would appear, she had to stand at the doorway, in a queue, and plead to be allowed entry. Neither she nor her security guards had the necessary access card that was used for the people attending the hearing.
Police authorities had to verify her identity and she was granted access minutes before the court proceedings began.
Another notable difference in yesterday's hearing was the dramatically reduced wall around Taiwo. She was without the men wearing satin suits and sunglasses who had accompanied her to all previous appearances.
A week ago, the court was adjourned at the request of Omotoso’s legal team.
After the court heard allegations of fraudulent documents being used by the pastor, senior immigration officer Ivan Klaasen was asked to bring in physical application forms archived by Home Affairs in Pretoria.
The documents were for an application for a work permit, as submitted by Omotoso in 2013.
Last-ditch attempts
In a last-ditch bid to save his client from imprisonment, Alfonso Hatting made several allegations and accusations.
During the closing arguments, Hatting cited several case laws in an attempt to justify an approval of the bail application.
He attacked the evidence presented by Klaasen and a prior witness, chief investigating officer of the Hawks, Peter Plaatjies.
Hatting said Klaasen had no right to label Omotoso an illegal immigrant or a prohibited person.
“Only the court can decide on his status,” said Hatting.
He said the incompetency of the immigration staff could be the reason why Omotoso’s documents had discrepancies.
“In view of the imperfection of your admin staff, this could also be a mistake,” said Hatting.
Earlier Klaasen had defended the immigration staff, saying that the discrepancies were not a mistake but fraud.
“There is a distinction between a mistake and a fraud; the latter cannot be corrected but a mistake can be corrected,” said Klaasen.
Hatting rubbished Plaatjies’ testimony, calling him “a dangerous type of witness”.
“He is an emotional, generalising, speculative and subjective witness. He would not hold up under cross-examination,” he said.
He said Plaatjies accused people without facts or their proper identities.
“His evidence is merely gossip and if there were girls moving between rooms [their rooms and Omotoso’s] where Omotoso was staying in Bloemfontein, where is the crime in that?” asked Hatting.
He said Omotoso was not a flight risk.
“He had five opportunities to escape between when he found out that he was being investigated, in October, and now. He travelled out of the country and still came back, therefore he is not a flight risk,” he said.
He said the evidence by the alleged victims could not be viewed as genuine because, once two documentaries that exposed Omotoso were broadcast, “cross-pollination” could be a contributory factor.
Hatting said Omotoso was willing to pay between R50 000 and R100 000 for bail and would abide by the bail conditions.
No ties to SA
In response to Hatting’s closing arguments, Nceba Ntelwa, representing the State said Omotoso was facing various schedule-six offences, which might lead to life imprisonment.
He said that the onus was on Omotoso to convince the court that he could be trusted with the bail approval.
“He deliberately discharged his onus to prove validity and rather opted for an affidavit evidence,” said Ntelwa.
“We are now left with questions that cannot be answered from his evidence, because you led untested evidence before court,” he said.
He said Omotoso missed out on the opportunity to explain to the court why he refused to hand over his travel documents to the police, opting to hand them over to his legal team instead.
“Why did he refuse to hand over his documents? Why were there blue lights to ensure that he was untouchable in Bloemfontein? He missed an opportunity to justify his cause ... The affidavit doesn’t contain much in his favour, it is thus his funeral in his application for bail,” said Ntelwa.
Ntelwa also stated that Omotoso’s influence ran far and wide, and included government officials.
“It is painful to me to have to say this, but the applicant has a South African Police Services general in his pocket. He also has home affairs officials and court officials in his pockets,” he said.
“The victims only have the justice system on their side. If we grant him bail who will be on the side of the victims?”
Ntelwa said Omotoso had no ties to South Africa.
“All his children are United Kingdom citizens, not even citizens of their country of origin. His possessions are the six cars he owns; these cannot chain him down to stay.”
Ntelwa said Omotoso was a man of means if he could offer amounts between R50 000 and R100 000 for bail.
“If he can pay that amount from his pocket, this means he can easily forfeit the bail and leave the money behind,” said Ntelwa.
In his affidavit, Omotoso had stated that he earned a living from his income from church and donations from congregants. He did not mention how much his church paid him.
Omotoso remained in custody and the case was postponed to June 9 for the judgment on the bail application.
All efforts to hear from Taiwo after the hearing were futile. She was whisked to her awaiting chauffeur-driven SUV, through the front entrance, shielded by her three bodyguards.
