Omotoso’s acquittal under scrutiny again

The NPA on Monday asked the Eastern Cape High Court, sitting in Gqeberha, to clarify its judgment in which Nigerian pastor and televangelist Timothy Omotoso and his co-accused were acquitted of 30 charges, including rape and human trafficking.

Judge Irma Schoeman, who acquitted the accused as she found that the State did not prove its case beyond a reasonable doubt, was told by the prosecuting authority that it was not clear on which facts her acquittal was based.

She was told that the NPA needed to be clear as it must base its appeal to the Supreme Court of Appeal on questions of law under the Criminal Procedure Act, which arose during the trial.

This is the only basis on which the State can appeal the judgment under South African law.

The prosecution told the judge that they had to be clear on the facts, as contained in her judgment.

This prompted Judge Schoeman to respond: “So, you first want to clarify the judgment and then find a question of law.”

Counsel for the State responded that, “with respect,” it is not clear upon reading the judgment what the factual findings are.

The judge was told that the State is not asking her to alter or revisit her judgment in any way, only to clarify it.

It said the fact stands that the accused are acquitted, and the State cannot run away from it. All it wants is to link questions in law to the factual findings of the court.

The defence, however, accused the State of being on a fishing expedition.

Omotoso’s lawyer, Peter Daubermann, asked the judge not to entertain this application, as it is defective in law.

He said the judgment is not unclear, as the acquittal is based on the fact that the State did not prove its case.

Daubermann further argued that if the court ruled in favour of the State, it would set a dangerous precedent. He said this would mean that an accused would never know if a judgment is final.

He also pointed out that while the State claims to want this clarification with the aim of turning to the SCA to appeal the judgment, no application for leave to appeal has been made to date.

He pointed out that the State had 21 days in which to note its intention to appeal, yet it has been about 90 days since the judgment was delivered.

Judge Schoeman, meanwhile, indicated that she will deliver her judgment on the State’s request for clarification next week.

Omotoso left South Africa in May for Lagos, Nigeria, marking the end of a drawn-out legal process that lasted nearly a decade.

Cape Times