NPA dealt a blow: High Court rejects bid to appeal Timothy Omotoso's acquittal
Timothy Omotoso and his two co-accused, Lusanda Sulani and Zukiswa Sitho, were acquitted of all charges related to racketeering, trafficking in persons, rape, and sexual assault.
Image: Raahil Sain / IOL
The National Prosecuting Authority (NPA) has been denied leave to appeal the judgment that led to the acquittal of Timothy Omotoso.
On Friday, the High Court in Gqeberha delivered its ruling on the NPA’s bid to challenge the outcome. Earlier this year, the Nigerian pastor and his co-accused were acquitted of 63 charges, including rape, human trafficking and racketeering.
The state approached the court seeking permission to appeal the acquittal. Before taking the matter to a higher court, prosecutors required the High Court’s approval. The NPA may still petition the Supreme Court of Appeal.
Omotoso, the leader of the Jesus Dominion International Church, and his co-accused, Lusanda Solani and Zukiswa Sitho, were acquitted in April. The women who laid the complaints alleged sexual abuse disguised as religious mentorship.
Judge Irma Schoeman found that the state had failed to prove its case beyond a reasonable doubt and deemed several key witnesses unreliable.
The state argued the matter raised issues of significant public interest, particularly around how courts should treat evidence when multiple complainants are involved. It asked the court to reserve six key “questions of law” for possible appeal.
These included whether the trial court had properly assessed the evidence, made the necessary factual findings, and correctly handled “similar fact” evidence intended to demonstrate a pattern of predatory behaviour.
The state also questioned whether the court had properly applied the elements of racketeering, dealt appropriately with allegations of prosecutorial misconduct, and whether some complainants’ testimonies had been wrongly dismissed for lack of corroboration despite other supporting evidence.
jonisayi.maromo@iol.co.za
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