Nigerian televangelist Timothy Omotoso and co-accused Lusanda Sulani and Zukiswa Sitho have been acquitted.
Image: Raahil Sain / IOL
Scenes of jubilation played out at the Gqeberha High Court earlier today as televangelist Timothy Omotoso and his co-accused Lusanda Sulani and Zukiswa Sitho walked free after a marathon eight-year trial.
Omotoso and his two co-accused were acquitted of all charges against them when Judge Irma Schoeman delivered her judgment on Wednesday morning - placing under scrutiny the State’s failure to prove its case beyond reasonable doubt.
According to Schoeman, the State’s bungling of the case was when it failed to properly cross-examine the accused when they had ample time to do so, adding that it was the State’s responsibility to present compelling evidence against the accused and it was not the onus of the accused to prove their innocence.
Immediately after the court adjourned, Omotoso, Sulani, and Sitho kneeled in the dock and started praying.
Omotoso indicated that he would not immediately pursue compensation for his lengthy incarceration.
“I will rest first,” he said.
Cheryl Zondi, who was a marketing student when she took the stand in 2018, was the only complainant who testified throughout the proceedings.
Zondi claimed that they were chosen to take part in church activity under the pretext that they would benefit spiritually or improve the quality of their lives.
The trio were arrested in April 2017 and faced charges of racketeering, trafficking in persons, rape, and sexual assault.
Dealing with elements of the cross-examination, Schoeman gave the State a tongue-lashing for its failure.
Televangelist and former rape-accused, Timothy Omotoso, was acquitted of all charges against him following an eight-year-long trial.
Image: File
“The cross-examination of the accused was desultory in the extreme. No thought went into it. The trial was set down for nine days to deal with the evidence of the defence. Accused one (Omotoso) testified for a whole day setting out his defence but the cross-examination of the accused lasted less than a morning session.
“He was not cross-examined on his denial with reference to the complainant’s testimonies. No attempt was made to elicit inconsistencies or improbabilities. His cross-examination consisted mainly of putting a very limited synopsis of the complainant’s evidence, which he denied,” said Schoeman.
She said there was ample evidence that the veracity of Omotoso’s evidence could have been tested against.
“The cross-examination was shallow and lacking the intention to uncover the truth. Similarly ineffectual and superficial was the cross-examination of (Sulani and Sitho) that amounted to no cross-examination at all.”
Schoeman averred that the poor quality of cross-examination had the effect that the accused’s evidence was not placed in dispute.
Omotoso was the leader of the Jesus Dominion International (JDI) church and his co-accused were his assistants. JDI had major branches in South Africa, Nigeria, and Israel, with Durban being its headquarters in the country.
He allegedly directly or indirectly through his co-accused, paid and arranged for the complainants to travel to his hotels in Durban, Israel, or Nigeria.
Once at the destination, the complainants were allegedly instructed to switch off their phones and “told not to contact male companions and were to further abide by his instructions”.
Nigerian televangelist Timothy Omotoso and his two co-accused, Lusanda Sulani, and Zikiswa Sitho, were acquitted on charges including racketeering, trafficking in persons, rape, and sexual assault.
Image: Raahil Sain / IOL
National Prosecuting Authority (NPA) spokesperson, Luxolo Tyali, said: “The complainants and other female church members were allegedly kept in one room where they also slept. Omotoso would allegedly select one of the complainants to go to his private bedroom where he raped or sexually assaulted them.”
Tyali said the prosecuting team will study the judgment and decide which legal avenues to explore.
"Since the arrest of the trio in April 2017, their trial has been protracted with numerous obstacles including interlocutory applications by the accused that even included Constitutional Court challenges. The most recent applications were for five special entries for a mistrial...
"In as much as the NPA does not seek to secure a conviction at all costs, it remains committed to ensuring justice is served for the victims of crime and will go to all lengths to give a voice to the victims by exploring all the possible avenues," said Tyali.
Sonke Gender Justice co-executive director, Bafana Khumalo, said they were appalled by the outcome.
"We are appalled by this grossly incompetent performance by the prosecution. This is an injustice and secondary victimisation of the survivors who placed their lives on the line to challenge Omotoso.
"It is inexplicable why the prosecution performed so dismally in this case in a country where GBVF and sexual offences are so high. The pronouncements by the presiding officer are damning on the poor presentation by the NPA.
"It is our strong view that there must be consequential management on this massive poor performance by the prosecution. It is such lapses by the criminal justice system that discourages many victims and survivors of sexual violence from coming forward to report their cases," said Khumalo.
The chairperson for the DA Women's Network (Dawn) in the Eastern Cape, Nomvano Zibonda, called on the Minister of Justice and Constitutional Development to launch an investigation into the failures of the NPA in prosecuting cases of gender-based violence.
"The handling of this case is a shocking indictment of our justice system. Victims of crime in South Africa deserve a criminal justice system that is beyond reproach, one that crosses every T and dots every I.
"Gender-based violence is spiralling out of control in South Africa, and the knowledge that the justice system is inept will lead many women in the future to remain silent and endure further abuse, as they will believe they will never be protected or vindicated," said Zibonda.
The ANC Women's League expressed its disdain at the outcome.
Provincial Chairperson, Ntandokazi Capa, said they would always be "unashamedly on the side of the abused, especially women and children".
"We are of the firm view that the not guilty version does not mean innocent. As such, we hope that the State can bring the case back to court and have its best prosecutors so that more diligent prosecuting can take place," said Capa.
chevon.booysen@inl.co.za
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