The Eastern Cape director of public prosecutions, Barry Madolo, has been asked to provide a report on the Timothy Omotoso case’s verdict by the National Director of Public Prosecutions (NDPP), advocate Shamila Batohi.
The Gqeberha High Court cleared Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho, on Wednesday of 32 serious charges, including rape, racketeering, and human trafficking.
Judge Irma Schoeman said in a harsh ruling that the prosecution’s cross-examination of the defendant was “shallow and lacking the intention to uncover the truth”.
The prosecution failed to establish their case beyond a reasonable doubt, which resulted in the acquittal.
Batohi expresses serious concerns
Advocate Mthunzi Mhaga, a spokesman for the National Prosecuting Authority (NPA), stated that Batohi would “carefully study the judgment when it is made available to the parties”.
“In the meantime, she has expressed her serious concerns about adverse findings made by the judge against the prosecution team, relating to the manner in which the prosecution was conducted,” said Mhaga.
“The NDPP has called for a transcript of the proceedings and will consider it in order to determine whether the criticism of the prosecution team is warranted.
“Depending on the outcome of this process, the NDPP, together with the director of public prosecutions in the Eastern Cape, will decide on appropriate action.”
Additionally, he stated that Madolo had “stated that the team will review the ruling and determine whether to file an appeal of the ruling”.
Mhaga underlined that the NPA has proven its dedication to combating sexual offences and gender-based violence.
Travesty of justice
“The NPA has a world-class special unit called the sexual offences and community affairs unit, which is dedicated to dealing with sexual violence and related cases.
“The NDPP appreciates the public outrage expressed by many in response to the judgment in view of its devastating impact on the victims in this case and the fight against the scourge of gender-based violence in the country.
“The NDPP is proud of the NPA’s track record in providing victim-centred and professional support to victims of gender-based violence, including through the national rollout of Thuthuzela Care Centres that for the past eight years have provided specialised support in almost 280 000 matters [or 34 600 matters per year].”
He continued: “This recent judgment represents a travesty of justice that we cannot accept.
“The NDPP awaits the report from the director of public prosecutions in the Eastern Cape and will consider the next steps to ensure that this tragic outcome is dealt with swiftly and appropriately, based on the facts and the legal dimensions relevant to the judgment.”
Justice and Constitutional Development Minister Mmamoloko Kubayi, meanwhile, has voiced her serious concerns about the way the prosecution handled the case of Omotoso and his co-accused. – SAnews.gov.za
