Pastor Timothy Omotoso will hear on Wednesday if he will be able to apply for leave to appeal. This is the third time Omotoso has tried to get bail since his arrest three years ago.
Judge Phillip Zilwa was due to rule on the matter in the High Court in Port Elizabeth on Tuesday, but the state provided additional case law which refers to a similar matter where bail was not granted and judge Zilwa wants to study it.
The state has argued that pastor Omotoso should not be granted leave to appeal bail because he is a flight risk, as he has fraudulent documents.
He was denied bail last week.
Defence attorney, Peter Daubermann has indicated that he will petition the Supreme Court of Appeal if the leave to appeal is not granted.
The state also wanted the presiding Judge Zilwa to deal with the delays in the three-and-a-half-year case.
In reply, defence attorney Daubermann said the judge could merely give an order that there should be an investigation during a trial within a trial, regarding the delay.
Omotoso’s legal team argued that Judge Zilwa did not apply his mind to certain aspects of the bail application and that there were irregularities in his ruling.
Court announces decision on Omotoso
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