Judgment has been reserved in the National Prosecuting Authority’s (NPA) application for leave to appeal the acquittal of Nigerian televangelist Timothy Omotoso in the Gqeberha High Court.
The application follows Judge Irma Schoeman’s ruling earlier this year to acquit Omotoso and his two co-accused on charges including rape and human trafficking.
During arguments on Friday, the NPA maintained that the likelihood of success in the Supreme Court of Appeal should not influence the decision on whether the matter can proceed to a higher court.
Omotoso’s defence counsel, Advocate Peter Daubermann, countered that the state has failed to meet the legal threshold required under Section 319 of the Criminal Procedure Act, arguing there must be reasonable prospects of success for an appeal to be granted.
NPA spokesperson Luxolo Tyali said the authority remains steadfast in its pursuit of justice for the complainants.
“As the NPA, we remain committed that victims find justice. For that, we are willing to take the matter to the highest court,” said Tyali. “We believe the outcome of the court has far too many implications on the criminal justice system. We believe crucial evidence was never considered.”
The court will rule on the leave to appeal at a later date.