NPA to appeal acquittal of Nigerian preacher Omotoso and two others

Eastern Cape director of public prosecutions Barry Madolo will appeal against the judgment of the Gqeberha high court, which acquitted Nigerian televangelist Timothy Omotoso and two others.

The leader of the Jesus Dominion International Church (JDI) faced 63 charges with his co-accused and JDI members Lusanda Sulani and Zukiswa Sitho.

Last month the court said the cross-examination of the accused was poor and the state failed to prove the case beyond reasonable doubt.

The National Prosecuting Authority (NPA) said on Tuesday the decision to appeal followed a thorough consideration of the matter by an internal team of experienced prosecutors and a legal opinion sourced from senior counsel.

It said the decision could not be rushed due to the complexity of the matter and the voluminous transcript that had to be studied.

“The NPA believes there are reasonable prospects of a successful appeal despite the complexities of the legal process,” spokesperson Mthunzi Mhaga said.

While a convicted person may appeal a conviction on facts and the law, the state can appeal an acquittal only on a question of law, as opposed to facts, in terms of the Criminal Procedure Act.

“The first step is to request the judge to clarify factual findings. The relevant papers in this regard were filed with the registrar of the high court in Gqeberha on Monday.

“Once a clarification of the factual findings is received from the judge the NPA’s legal team will finalise the papers on the reservation of questions of law and file this application with the registrar,” Mhaga said.

In addition, the NPA was proceeding with an internal investigation into the conduct of the first team of prosecutors involved in the matter that started in August last year.

“Since the judgment, the scope of the investigation has been extended to include both prosecution teams with a view to identify, if necessary, disciplinary steps to be taken against those involved.”

Mhaga said the Omotoso judgment has affected the victims and dented confidence in the ability of the NPA and the justice system to address sexual and gender-based violence matters.

However, the judgment should not detract from the support the NPA and its partners provided to victims of gender-based violence, including in the most complex cases.

“Most importantly, it should not discourage victims from coming forward and accessing the services provided.”

He said the NPA achieved a 77% conviction rate for the thousands of cases flowing through its Thuthuzela Care Centres that were successfully prosecuted.

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