Omotoso’s acquittal appeal: Expert says NPA must work with what it already has before court
On Monday, the NPA returned to the Gqeberha High Court, taking another step in its bid to challenge the controversial pastor’s acquittal on rape and human trafficking charges.
FILE: Rape-accused Nigerian televangelist Timothy Omotoso and his two co-accused have been acquitted on all charges, including rape, racketeering, human trafficking, and assault. Picture: Sipha Kema
JOHANNESBURG - A legal expert has cautioned that the National Prosecuting Authority (NPA), as it pursues an appeal against Timothy Omotoso’s acquittal, cannot present new evidence, but must work with what it has already put before the court.
On Monday, the NPA returned to the Gqeberha High Court, taking another step in its bid to challenge the controversial pastor’s acquittal on rape and human trafficking charges.
ALSO READ:
- Legal expert weighs in on NPA's bid to overturn Omotoso's acquittal
- Omotoso's legal team says it's too late for state to appeal acquittal
- Outcome of NPA bid in Omotoso acquittal case set for Tuesday
In April, the court found the State failed to prove its case, clearing Omotoso of more than 30 counts.
Before the NPA can approach the Supreme Court of Appeal (SCA), it first needs the High Court to explain the reasons for its acquittal ruling.
Once that’s done, the authority must argue that it still has a strong enough case, despite the court’s earlier criticism of its strategy and evidence.
Legal expert Melusi Xulu said the NPA can only rely on its existing record in court and can’t fix its case by adding new evidence now.
“You know, they could’ve done a better job. The way their case was structured, and their strategy was not good for the NPA and that’s why she [Judge Irma Schoeman] felt that on technicalities, Omotoso won. So, I think on that issue, I don’t see them succeeding the appeal, but for now it’s just the process to get to that point.”
The High Court is expected to deliver its clarification ruling next Tuesday.