The Minister of Justice and Constitutional Development Mmamoloko Kubayi has requested a comprehensive report from the National Director Public Prosecutions (NDPP), advocate Shamila Batohi, on the factors that contributed to the acquittal of Nigerian televangelist Timothy Omotoso.
Omotoso and his two co-accused were found not guilty of several charges including rape, sexual assault and human trafficking on Wednesday, 2 April.
GOVERNMENT CONCERNED BY ACQUITTAL OF TIMOTHY OMOTOSO
Following a trial that lasted for eight years, Omotoso and his two co-accused Lusanda Sulani, and Zukiswa Sitho were found not guilty on all the charges.
Although Omotoso’s supporters and congregants from the Jesus Dominion International, a church he led before his arrest, cheered and prayed outside the court, the decision sent shocking waves across the country with many questioning the National Prosecuting Authority’s (NPA’s) role in ensuring justice is served for victims of gender-based violence and rape.
Following the judgment, the justice minister said her concern stemmed from the apparent shortcomings in the prosecution’s handling of the case, resulting in a significant setback in the pursuit of justice for victims of gender-based violence and related crimes.
On Tuesday, the NPA said it would study the judgment and decide which legal avenues to explore as the judge clarified that Omotoso and his co-accused were acquitted due to the technicality, mainly that the past prosecutors in the case acted improperly and that the witnesses were not sufficiently cross-examined by the state.
The prosecuting authority also clarified that in as much as it does not seek to secure conviction at all costs, it remains committed to ensuring justice is served for the victims of crime.
NPA RESPONDS TO CRITICISM
Meanwhile, the NPA has confirmed that Batohi has requested a report from the Eastern Cape Director of Public Prosecutions (DPP), Barry Madolo, on the judgment delivered by Judge Irma Schoeman of the Eastern Cape High Court in Gqeberha.
NPA spokesperson, advocate Mthunzi Mhaga, said Schoeman had raised concerns about the conduct of the prosecution in her finding the trio not guilty of all the charges preferred against them.
Mhaga said 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 how the prosecution was conducted.
“The NDPP has called for a transcript of the proceedings and will consider it to determine whether the criticism of the prosecution team is warranted. Depending on the outcome of this process, the NDPP, together with the DPP: EC, will decide on appropriate action. The DPP: EC has in the meantime indicated that the team will study the judgement and decide on whether to bring an application to appeal the judgment,” Mhaga explained.
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