Zilwa found there was no evidence regarding the defence’s argument that the case against Omotoso was weak and the trial had been unjustifiably delayed.
Zilwa further dismissed claims that Omotoso’s physical and mental health was at risk while he was being held in custody at St Albans Correctional Facility and that he was in greater danger of contracting Covid-19.
“These are general conditions of many other prisoners and ordinary citizens,” Zilwa said.
After considering all the evidence before him, Zilwa said he had not been persuaded Omotoso had shown exceptional circumstances to be granted bail.
“[Omotoso] has once again failed to discharge the requisite for bail as the onus is on [him],” Zilwa said.
After denying Omotoso bail, defence attorney Peter Daubermann immediately launched an application for leave to appeal against Zilwa’s decision.
Arguments in the application are expected to be heard on Monday afternoon.
Zilwa also ruled that the bail court was not in the position to make a ruling on the application for an investigation into the delay in the trial, which would have to be dealt with by the trial judge, Irma Schoeman.
Omotoso, along with his co-accused Lusanda Sulani, 37, and Zukiswa Sitho, 29, face 63 main and 34 alternative charges, ranging from rape to sexual assault, human trafficking and racketeering.
Omotoso has been in custody since April 2017, while Sulani and Sitho are out on R2,000 bail each.
Their trial has been postponed to November 10.