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Prosecutors in Omotoso case under scrutiny

Protestors outside the GQ high court carry a placard of slain whistle-blower Pamela Mabini.

Lynn Williams


The country’s top prosecutor, advocate Shamil Batohi, has expressed “serious concern” about the adverse finding made by Gqeberha judge, Irma Schoeman, against the prosecution team in the Timothy Omotoso rape and human trafficking trial.

The Nigerian televangelist and two co-accused, Lusanda Sulani and Zukiswa Sitho, were acquitted on Wednesday of all charges against them.

Justice Schoeman was also scathing in her remarks about how the state had handled the matter which lasted nearly eight years.

In a statement on Thursday, Batohi said she has requested a report on the judgment from the provincial prosecuting director, Barry Madolo, and would “study” the judgment once received.

“The NDPP has called for a transcript of the proceedings and will consider it in order to determine whether the criticism of the prosecution team is warranted,” said national spokesperson, advocate Mthunzi Mhaga.

He said depending on the outcome, the NPA will decide on appropriate action, while the director of public prosecutions in the Eastern Cape will study the judgment and decide whether to bring an application to appeal.

“The NDPP appreciates the public outrage expressed by many in response to the judgment, in view of its devastating impact on the victims in this case, and the fight against the scourge of gender-based violence in the country,” Mhaga said.

He said Batohi was proud of the NPA’s track record in providing victim-centered and professional support to victims of gender-based violence, including through the national rollout of Thuthuzela Care Centres.

“This recent judgment represents a travesty of justice that we cannot accept.”