NPA vs Omotoso: Ruling on first part of appeal next week
The High Court in Gqeberha is expected to hand down its ruling on the first part of the state’s attempt to appeal an earlier ruling clearing Timothy Omotoso.
The Nigerian televangelist and his two co-accused, Lusanda Solani and Zikiswa Sitho, were accused acquitted on charges of rape, human trafficking, and racketeering.
National Prosecuting Authority (NPA) spokesperson Mthunzi Mhaga said this followed a directive by Judge Irma Schoeman after the state sent a request for clarification of factual findings in her judgment.
This is before the state can “request reservation of questions of law in terms of section 319 of the Criminal Procedure Act, 1977 for consideration by the Supreme Court of Appeal”.
The Eastern Cape prosecution handling the case was heavily criticised - prompting the intervention of the national head of public prosecutions Shamila Batohi.
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On Monday, Omtoso's lawyer, Peter Daubermann, again argued that the state was caught napping.
“Such an application had to be brought within a reasonable time. A reasonable period in this instance would be 21 days. It is now more than 90 days after judgment was delivered in this case. So, not only is there not a case of a question of a reservation of law before you, the time for bringing such an application has passed.”
The courts make provision for an application of condonation, in which the applicant asks the court to pardon for filing its papers late.
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