Timothy Omotoso, a Nigerian televangelist, and his two co-accused, Zikiswa Sitho and Lusanda Sulani, have been found not guilty.
In a decision issued by the Gqeberha High Court on Wednesday, Judge Irma Schoeman found the three not guilty.
The pastor of the Jesus Dominion International church has spent eight years in prison.
The three were charged with over 30 offences, including rape, racketeering, and human trafficking of the girls who attended Omotoso’s church, according to the National Prosecuting Authority (NPA).
According to NPA spokesperson Luxolo Tyali, Schoeman determined that the three were not guilty on technical grounds, primarily because the state did not adequately cross-examine the accused and the former prosecutors in the case behaved improperly.
“It is for that reason that the prosecuting team will study the judgment and decide which legal avenues to explore,” Tyali said.
“In as much as the NPA does not seek to secure conviction at all costs, it remains committed to ensuring justice is served for the victims of crime and will go to all lengths to give a voice to the victims by exploring all the possible avenues.”
Victims’ evidence not sufficient
Schoeman started by listening to a lot of testimony from the defence, the state, and the complainants. The victims’ [complainants’] evidence, she said, was insufficient.
“I am of the view that although there are aspects of the complainants that are unsatisfactory, I cannot find that their evidence is credible,” remarked Schoeman.
“However, I cannot find that the evidence of the accused falls to be rejected as false either.”
The prosecution did not adequately test the defense’s evidence through appropriate cross-examination, Schoeman continued.
“Due to the uncertainty of the actions of the state and the lack of proper cross-examination, I cannot find that the accused versions are so improbable that they cannot reasonably possibly be true.
“The state has not proved its case beyond doubt. The accused are found not guilty and are discharged on all the charges.”
Omotoso will continue to abuse women
One of the victims, Cheryl Zondi, who was present at the court when the verdict was announced, said she was disappointed that the final eight years of their lives had come to this.
“Our lives have never been the same after coming out about this,” Zondi said, sobbing.
“The main concern was not even knowing what he did to us but knowing that he is not going to stop doing it. He is going to continue doing this to other women and other girls.
“That is what we wanted to prevent — that it ends with us and it is not going to go any further. He is not going to stop; its in his nature
“This is enabling for him. He is going to be more pompous and believe that this is an act of God.”
Trips to Durban or Nigeria
Through his co-accused, Omotoso allegedly paid and arranged for the young women to travel to his hotel in Durban, Israel, or Nigeria.
Congregants were among the young ladies who were purportedly the victims of the “man of God”, while others were employees or persons selected to take part in the activities of the church when recruited.
“Once the complainants arrived [at the hotel], Omotoso or his assistants would inform them of the house rules. These included that their cellphones be switched off,” Tyali said when judgment day was announced in January.
“They were told not to contact male companions and were to further abide by his [Omotoso’s] instructions.
“The complainants and other female church members were allegedly kept in one room where they also slept.
“Omotoso would allegedly select one of the complainants to go to his private bedroom. That was where he raped or sexually assaulted them.”
