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Judgement Irma Schoeman ruled that former prosecutors acted improperly and did not sufficiently cross-examine the accused.
Timothy Omotoso, 60, and his co-accused Lusanda Sulani, 36, and Zukiswa Sitho, 28. Picture: Eugene Coetzee/The Herald
The National Prosecuting Authority (NPA) said it is reviewing the high court ruling that set Nigerian televangelist Timothy Omotoso and his two co-accused free as it decides on possible next steps and the way forward.
After an eight-year legal battle, Omotoso with his alleged recruiters, Zukiswa Sitho and Lusanda Sulani, were found not guilty of 32 counts of rape and human trafficking, citing procedural failures in the State’s case.
They appeared in the Eastern Cape High Court in Gqeberha on Wednesday, where the shock verdict was delivered, bringing the high-profile rape case to an end.
Judgement Irma Schoeman ruled that former prosecutors acted improperly and did not sufficiently cross-examine the accused technical issues, which led to the case collapsing.
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The NPA said since the arrest of the trio in April 2017, their trial had been protracted with numerous obstacles, including interlocutory applications by the accused that even included Constitutional Court challenges.
“The delays caused some witnesses to no longer want to proceed with giving evidence as they indicated they have since moved on with their lives and are not interested in reliving their experiences in court. That has led to the reduction of the charges from 63 to 32.
NPA regional spokesperson Luxolo Tiyali said possible action might be taken against their prosecutors, adding that the prosecuting team will now study the judgement before deciding whether to appeal or pursue other legal avenues.
“In as much as the NPA does not seek to secure a 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.”
READ MORE: Court rejects Omotoso’s latest bid to have evidence deemed inadmissible
Omotoso has been in jail since his arrest in April 2017.
He has tried on several occasions to have the case either dismissed or declared a mistrial.
One such attempt was made on 16 January last year when the defence applied for Schoeman to reconsider her previous ruling on a discharge application under Section 174 of the Criminal Procedure Act (CPA).
However, the application was dismissed.
He also filed an unsuccessful application seeking the judge’s recusal from the case.
Last month, whistleblower Pamela Mabini — one of the first to speak out against Omotoso — was fatally shot by unknown assailants in the driveway of her home in Gqeberha.
She had previously survived an assassination attempt in May 2018.
Additional reporting by Molefe Seeletsa
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