NPA seeks clarity on factual findings in Omotoso's acquittal

THE National Prosecuting Authority (NPA) yesterday 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, which include rape and human trafficking.

- ZELDA VENTER

Judge Irma Schoeman, who had 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.

Judge Schoeman acquitted Omotoso and his co-accused, Lusanda Sulani, 41, and Zikiswa Sitho, 33, of rape, human trafficking and racketeering in April this year.

The judge was told that the NPA needed to be clear as it must base its appeal to the Supreme Court of Appeal (SCA) 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.