Nigerian televangelist Timothy Omotoso during trial with his co-accused Lusanda Sulani and Zukiswa Sitho.
Image: Raahil Sain/IOL
While many people across South Africa who had religiously followed the trial of Nigerian televangelist Timothy Omotoso expressed shock and disappointment following his acquittal on Wednesday, a legal expert believes the outcome exposes the serious challenges within the criminal justice system in South Africa
IOL reported on Wednesday that the National Prosecuting Authority (NPA) said it will study the judgment and decide which legal options it can explore following the acquittal of Omotoso.
The 66-year-old was acquitted on Wednesday after spending eight years in jail. He was acquitted alongside his co-accused, Lusanda Sulani and Zikiswa Sitho.
Speaking to broadcaster Newzroom Afrika, chairperson of the Commission for Gender Equality (CGE), advocate Olave Nthabiseng Sepanya-Mogale said numerous perpetrators are getting away with murder.
"I wouldn't say rich, powerful men, but I would actually say a lot of people who are accused of crime, who sometimes most probably have committed the crimes get away with it because of the challenges and gaps within the criminal justice system.
"Once a case has taken so long to be brought to the attention of the police officers, it is finally brought and there is limited evidence, the evidence that is going to be relied upon is more of emotional, you need to have a different approach. This is not a shut and close case where there is a dead body on the ground, there is murder and someone has a knife in their hand etcetera. It is totally different," she said.
Sepanya-Mogale said the dynamics in the Omotoso case made it very complex and it required stringent strategy and acumen from the prosecutors in the case. She said the acquittal has left many people shocked.
"It was a shock to many people but I think to me as a legal practitioner it was more of trepidation, feelings of trepidation throughout because of the length of time that it took and what could happen as a result of the time lapse. Nevertheless, it was a shock, and a sad one for that matter," she said.
The CGE has commended the survivors who were brave enough to stand in court and give evidence "considering the intimidation and bullying that was happening throughout this process".
"It was an unpleasant outcome for us," said Sepanya-Mogale.
Timothy Omotoso sitting in court.
Image: Raahil Sain/IOL
On Wednesday, reacting to the court verdict, the Commission for the Promotion of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) lambasted the NPA.
Omotoso and his two co-accused, Sulani and Sitho were acquitted on multiple charges which included racketeering, trafficking in persons, rape, and sexual assault.
Speaking to journalists at the High Court in Gqeberha, Eastern Cape, chairperson of the CRL Rights Commission, Thoko Mkhwanazi-Xaluva said the victims have been left disappointed and dejected.
"All we can say is, the NPA let us down. The NPA let these witnesses (the victims) down. There are hundreds, if not thousands of victims out there who were waiting to see how this case goes. If it was not a matter of not cross-examining the accused appropriately, as the judge said, then we are leaving it at the door of the NPA.
"The NPA should have lined up their very best. The Hawks did their job. The witnesses told their truth, and then the NPA dropped the ball on the very last hours," she said.
The CRL Rights Commission lamented that the Omotoso case was of international importance and sets a bad precedence.
"I hope the head of the NPA (advocate Shamila) Batohi gives us answers on why she did not line up her very best here. We are looking at this thing not just as a loss of a case, but a loss of souls," said Mkhwanazi-Xaluva.
Timothy Omotoso, Lusanda Sulani and Zukiswa Sitho in the dock, inside the Port Elizabeth High Court.
Image: Raahil Sain/IOL
Judge Irma Schoeman delivered judgement on Wednesday morning after taking hours detailing evidence from the State, the complainants and the defence.
"I am of the view that although there are aspects of the complainants that are unsatisfactory, I cannot find that their evidence is incredible. However, I cannot find that the evidence of the accused falls to be rejected as false either," the court remarked.
Schoeman added that the evidence of the defence was not properly tested through a proper cross examination by the prosecution.
"This matter falls in the category where in my view the explanations of the accused are improbable, and I do not subjectively believe them. However, due to the uncertainty of the actions of the State and the lack of proper cross examination, I cannot find that the accused's version are so improbable they cannot reasonably possibly be true," she said.
"The accused bore no onus to convince the court of their innocence. I am of the view, in light of all the circumstances of the case, that the State has not proved its case beyond reasonable doubt.
"The accused are found not guilty and they are discharged on all the charges," the judge ruled.
Omotoso, Sulani and Sitho then knelt on the bench in court, praying.
A crowd of supporters hugged Omotoso shortly after he was acquitted in court, shouting "papa".
jonisayi.maromo@iol.co.za
IOL
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