State’s appeal against Omotoso judgment to get underway
The Gqeberha High Court will hear the first part of the state’s appeal in the case of Nigerian pastor Timothy Omotoso and his co-accused on Monday.
National Prosecuting Authority 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.
Mhaga said this is the only limited mechanism for the state to appeal an acquittal judgment in South African law.
He said the judge ordered the state and the defence to argue the matter before her after Omotoso's attorney notified the registrar that the defence was opposed to the state's request.
READ: Omotoso barred from SA for five years
“We take the view that it will be appropriate and for the Honourable Judge to provide such clarification before the state can identify and request her to reserve those questions of law,” Mhaga added.
Schoeman acquitted Omotoso and co-accused, Lusanda Sulani and Zukiswa Sitho, earlier this year, saying the state had failed to prove its case beyond a reasonable doubt.
The pastor was subsequently deported after holding a church crusade in East London.
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