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Acquittal Stands: South African Prosecutors Blamed as Timothy Omotoso Appeal is Dismissed

The South African state's faltering legal pursuit of televangelist Timothy Omotoso has suffered another major setback, with a High Court judge citing fundamental failures in the prosecution's courtroom conduct as the reason for upholding his acquittal.

Judge Irma Schoeman of the Gqeberha High Court dismissed the state's application for leave to appeal on Friday, December 12, delivering a sharp rebuke to prosecutors. Omotoso and his two co-accused remain free after being found not guilty on all charges of human trafficking, rape, and racketeering in April 2025.

The Court's Ruling: A "Fatal" Prosecutorial Error

In her ruling, Judge Schoeman identified a core failure that doomed the state's case. She stated that during the trial, prosecutors did not properly cross-examine the accused, leaving their version of events effectively unchallenged.

"Because the accused were not challenged on their version of events, the court was forced by law to accept their story as 'reasonably possibly true'," the judge explained. This principle is a cornerstone of criminal law, which requires proof "beyond a reasonable doubt" for a conviction.

Judge Schoeman elaborated that "even if the state's witnesses were believed, that is not enough for a conviction." She concluded there was no merit in the state's appeal arguments, stating they were merely unhappy with the trial outcome rather than identifying a legitimate legal error.

A History of Legal Woes in the Case

The dismissal is the latest chapter in a prosecution marred by controversy and delays. Omotoso, a Nigerian pastor, was arrested in 2017 after allegations surfaced involving his Jesus Dominion International church. The long-running trial has faced numerous adjournments and public scrutiny over the handling of witness testimony.

Judge Schoeman also noted that "prosecutorial misconduct played a role in the fairness of the trial," referencing past issues that have plagued the proceedings.

What Comes Next for the State

Despite the clear ruling, the National Prosecuting Authority (NPA) has not yet conceded. Spokesperson Luxolo Tyali indicated the state is exploring its final legal avenue. "We are considering petitioning the Supreme Court of Appeal," Tyali stated following the High Court's decision.

A petition to the Supreme Court of Appeal would be the state's last chance to revive the case against Omotoso and his co-accused.

*Source: AllAfrica*
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