DoJ&CD
The Minister of Justice and Constitutional Development, Mmaloko Kubayi, has expressed her concern over the prosecutorial failures that resulted in the acquittal of Nigerian pastor, Timothy Omotoso, on rape and human trafficking charges.
The televangelist and his two co-accused, Lusanda Sulani and Zukiswa Sitho, were acquitted by judge, Gqeberha high court judge Irma Schoeman, on Wednesday, who found that the state had failed to prove its case beyond a reasonable doubt after a trial lasting nearly eight years.
In a statement on Thursday, the ministry said that minister Kubayi’s concern stems from “apparent shortcomings in the prosecution’s handling of the case, resulting in a significant setback in the pursuit of justice for victims of gender-based violence.”
Minister Kubyai said judge Schoeman was scathing in her criticism of the poor quality of the state's cross-examination in the trial.
She has now requested a comprehensive report from the national director of public prosecutions, advocate Shamila Batohi, to understand the factors that contributed to this outcome.
Meanwhile, the NPA said it would be studying the judgment closely following scathing comments by justice Schoeman about the former prosecutors in the long-running case.
“Delivering the judgment, Judge Irma Schoeman found that the trio was not guilty due to technicalities, mainly that the former prosecutors in the case acted improperly and the accused were not sufficiently cross-examined by the state,” said EC regional spokesperson, Luxolo Tyali.
He said it was for that reason that the prosecuting team would study the judgment and decide which legal avenues to explore.
