The state has stated that it intends to challenge the verdict that found controversial televangelist Timothy Omotoso not guilty after multiple accusations of sexual assault.
This was made clear by the National Prosecution Authority (NPA) when the Gqeberha High Court in the Eastern Cape reserved judgment on its appeal of the controversial ruling.
The flamboyant Nigerian pastor Omotose was found not guilty of the crime of sexually abusing his followers.
Judge Irma Schoeman, who handed down the initial acquittal on April 2, heard a series of heated arguments on Monday under Section 319 of the Criminal Procedure Act.
This provision allows for the reservation of key questions of law to be reviewed by the Supreme Court of Appeal, effectively granting the NPA leave to challenge the verdict.
All 32 charges, including several counts of rape, human trafficking, and racketeering, were dropped against Omotoso (63), his co-accused Lusanda Sulani (41) and Zikiswa Sitho (33).
Preying on his followers
Omotoso was accused of preying on young women at his Jesus Dominion International Church, enticing them with promises of spiritual guidance before abusing them for years.
Advocate Apla Bodlani SC, who represented the NPA, made a strong case that Schoeman had committed a legal error by clearing the three.
Bodlani argued that the decision focused too much on procedural issues, like the trial’s alleged unfairness and the accused’s lack of cross-examination, rather than the strong testimony of state witnesses, such as investigators, psychological specialists, and traumatised victims.
“There are reasonable prospects that another court will see this differently,” Bodlani said.
Defence lawyer Peter Doubermann opposed the appeal, arguing that the acquittal was justified because the prosecution had not proven its case beyond a reasonable doubt.
Protracted legal battle
The case, which started when the three were arrested in April 2017, has been a protracted legal battle characterised by constant setbacks.
“The endless delays have broken spirits and silenced voices,” said Luxolo Tyali, the spokesperson for the NPA.
“Some witnesses, having rebuilt their lives after unimaginable trauma, simply couldn’t bear to relive it all in court.
“That’s why our charges decreased from 63 to a lower number: the human cost became intolerable, not because the evidence weakened.”
According to Tyali, the NPA is committed to giving the victims a voice in spite of the obstacles.
“We remain resolute in giving these victims a voice. If Judge Schoeman does not grant leave to appeal, we will pursue all available avenues, including the highest court if necessary. No one should escape accountability for such profound betrayal.”
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