Latest news with #IrmaSchoeman
IOL News
20 hours ago
- IOL News
Omotoso's acquittal under scrutiny again
Nigerian televangelist Timothy Omotoso has left South Africa. Image: Facebook The NPA on Monday asked the Eastern Cape High Court, sitting in Gqeberha, to clarify its judgment in which Nigerian pastor and televangelist Timothy Omotoso and his co-accused were acquitted of 30 charges, including rape and human trafficking. Judge Irma Schoeman, who acquitted the accused as she found that the State did not prove its case beyond a reasonable doubt, was told by the prosecuting authority that it was not clear on which facts her acquittal was based. She was told that the NPA needed to be clear as it must base its appeal to the Supreme Court of Appeal on questions of law under the Criminal Procedure Act, which arose during the trial. This is the only basis on which the State can appeal the judgment under South African law. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The prosecution told the judge that they had to be clear on the facts, as contained in her judgment. This prompted Judge Schoeman to respond: 'So, you first want to clarify the judgment and then find a question of law.' Counsel for the State responded that, 'with respect,' it is not clear upon reading the judgment what the factual findings are. The judge was told that the State is not asking her to alter or revisit her judgment in any way, only to clarify it. It said the fact stands that the accused are acquitted, and the State cannot run away from it. All it wants is to link questions in law to the factual findings of the court. The defence, however, accused the State of being on a fishing expedition. Omotoso's lawyer, Peter Daubermann, asked the judge not to entertain this application, as it is defective in law. He said the judgment is not unclear, as the acquittal is based on the fact that the State did not prove its case. Daubermann further argued that if the court ruled in favour of the State, it would set a dangerous precedent. He said this would mean that an accused would never know if a judgment is final. He also pointed out that while the State claims to want this clarification with the aim of turning to the SCA to appeal the judgment, no application for leave to appeal has been made to date. He pointed out that the State had 21 days in which to note its intention to appeal, yet it has been about 90 days since the judgment was delivered. Judge Schoeman, meanwhile, indicated that she will deliver her judgment on the State's request for clarification next week. Omotoso left South Africa in May for Lagos, Nigeria, marking the end of a drawn-out legal process that lasted nearly a decade. Cape Times
The Herald
21 hours ago
- Politics
- The Herald
State asks judge to clarify ‘factual findings' in Omotoso judgment
News Premium By Guy Rogers - 15 July 2025 After almost eight years in court, televangelist Timothy Omotoso was found not guilty of rape and human trafficking but his rearrest, re-release, deportation and now an appeal by the National Prosecuting Authority is ensuring the controversial pastor stays in the news. On Monday, the state requested 'clarification' in the first part of its appeal against the acquittal of Omotoso, who was found not guilty by judge Irma Schoeman in the Gqeberha high court in April...
IOL News
2 days ago
- IOL News
NPA requests court clarification on Timothy Omotoso's acquittal
The National Prosecuting Authority returned to the Gqeberha High Court on Monday to begin its appeal proceedings against the acquittal of Nigerian televangelist Timothy Omotoso. Image: File The National Prosecuting Authority (NPA) on Monday asked the Eastern Cape High Court, sitting in Gqeberha, to clarify its judgment in which Nigerian pastor and televangelist Timothy Omotoso and his co-accused were acquitted of 30 charges, which include rape and human trafficking. Judge Irma Schoeman, who had acquitted the accused as she found that the State did not prove its case beyond a reasonable doubt, was told by the prosecuting authority that it was not clear on which facts her acquittal was based. She was told that the NPA needed to be clear as it must base its appeal to the Supreme Court of Appeal on questions of law under the Criminal Procedure Act, which arose during the trial. This is the only basis on which the State can appeal the judgment under South African law. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ The prosecution told the judge that they had to be clear on the facts, as contained in her judgment. This prompted Judge Schoeman to respond: 'So, you first want to clarify the judgment and then find a question of law.' Counsel for the State responded that, 'with respect,' it is not clear upon reading the judgment what the factual findings are. The judge was told that the State is not asking her to alter or revisit her judgment in any way, only to clarify it. It said the fact stands that the accused are acquitted, and the State cannot run away from it. All it wants is to link questions in law to the factual findings of the court. The defence, however, accused the State of being on a fishing expedition. Omotoso's lawyer, Peter Daubermann, asked the judge not to even entertain this application, as it is defective in law. He said the judgment is not unclear, as the acquittal is based on the fact that the State did not prove its case. Daubermann further argued that if the court ruled in favour of the State, it would set a dangerous precedent. He said this would mean that an accused would never know if a judgment is final. He also pointed out that while the State claims to want this clarification with the aim of turning to the SCA to appeal the judgment, no application for leave to appeal has been made to date. He pointed out that the State had 21 days in which to note its intention to appeal, yet it has been about 90 days since the judgment was delivered. Judge Schoeman, meanwhile, indicated that she will deliver her judgment on the State's request for clarification next week. Omotoso left South Africa in May for Lagos, Nigeria, marking the end of a drawn-out legal process that lasted nearly a decade.
SowetanLIVE
2 days ago
- Politics
- SowetanLIVE
State appeals Timothy Omotoso acquittal
The Eastern Cape High Court in Gqeberha will on Monday hear the first part of the appeal process in the case of Timothy Omotoso and his co-accused who were acquitted in April of rape and human trafficking. This follows a directive by judge Irma Schoeman after the state sent a request for clarification of factual findings in her judgment, which is required before the state can request reservation of questions of law in terms of section 319 of the Criminal Procedure Act for consideration by the Supreme Court of Appeal. - Shonisani Tshikalange SowetanLIVE
The South African
13-05-2025
- The South African
NPA to appeal Omotoso judgement
The National Prosecuting Authority (NPA) has decided to appeal Judge Irma Schoeman's judgment of the Eastern Cape Division of the High Court in Gqeberha on April 2 in the case against Nigerian televangelist Timothy Omotoso and two others. This is after they were found not guilty of serious charges, including allegations of rape, racketeering and human trafficking. Barry Madolo, the NPA's Director of Public Prosecutions in the Eastern Cape, said the appeal decision followed a review by senior prosecutors and an external legal opinion. 'The NPA takes the view that there are reasonable prospects of a successful appeal despite the complexities of the legal process,' Madolo said. The NPA has filed papers with the Registrar of the High Court in Gqeberha requesting clarification of factual findings. Once received, the NPA's legal team will finalise the papers on the reservation of questions of law and apply to the Registrar of the High Court. The prosecuting body is also proceeding with an internal investigation into the conduct of the first team of prosecutors involved in this matter, which started in August 2024. The scope of the inquiry has been extended to include both prosecution teams to identify disciplinary steps to be taken against persons involved. The report from the investigation is expected in June 2025. The NPA acknowledges that the Omotoso judgment has had a tragic impact on the victims involved and seriously dented confidence in the NPA and the justice system to address SGBV matters. 'Although this judgment has been a setback, it should not detract from the important support that the NPA and its partners provide to victims of SGBV, including in the most complex cases. 'Most importantly, it should not discourage victims from coming forward and accessing the services provided.' Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 11 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X, and Bluesky for the latest news.
