Outcome of NPA bid in Omotoso acquittal case set for Tuesday

JOHANNESBURG - The outcome of the National Prosecuting Authority (NPA)'s bid to seek clarification on the court’s decision to acquit Nigerian televangelist Timothy Omotoso is set to be announced on Tuesday.

On Monday, the NPA took its first formal step toward challenging the ruling which let the pastor walk free.

In April, the Gqeberha High Court found that the State had failed to prove Omotoso’s guilt beyond a reasonable doubt. This saw the dropping of 30 charges, including rape, racketeering and human trafficking, after a case marred by contradictory testimony and frequent changes in prosecutors.

In May, the NPA announced it would appeal the high court ruling, but first sought clarification of Judge Irma Schoeman’s factual findings.

In court on Monday, the State and defence clashed, one trying to pave the way for an appeal, the other insisting the matter was closed.

Omotoso’s lawyer, Peter Daubermann, argued that the application had no legal basis.

“The case has been finalised. That is the position of the case at the moment. No application for leave to appeal or reservation of the question of law has been made.”

The NPA countered that it simply sought clarity, not a reversal.

“The request, as I said in my main submissions, does not seek to have you alter the judgment. The judgment is what it is. We remain with the outcome My Lady made - the finding acquitted the accused, and we live with that.”

If the court grants the NPA’s request for clarification, it could then petition the Supreme Court of Appeal to try and overturn Omotoso’s acquittal.

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