Latest news with #TimothyOmotoso
IOL News
5 days 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
5 days 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...
Eyewitness News
6 days ago
- Politics
- Eyewitness News
Omotoso's legal team says it's too late for state to appeal acquittal
JOHANNESBURG - Controversial Nigerian televangelist Timothy Omotoso's defence team insists it's too late for the state to appeal his acquittal on charges of rape and human trafficking. On Monday, the National Prosecuting Authority (NPA) returned to the Gqeberha High Court in the Eastern Cape, taking a step towards challenging an April ruling that found the state failed to prove Omotoso's guilt beyond a reasonable doubt. Prosecutors asked the court to clarify the findings that led to the not-guilty verdict, a request Omotoso's legal team strongly opposed, saying the NPA missed its window to appeal. The Omotoso case was one of several that cast a light on the NPA's shortcomings, with High Court Judge Irma Schoeman delivering a damning assessment of the state's case. Now, after regrouping, appointing new advocates and plotting a way forward, the NPA is trying to lay the groundwork for an appeal, a move the defence said comes far too late. Omotoso's lawyer, Peter Daubermann, argued that the Criminal Procedure Act requires an appeal to be filed within 21 days, a deadline long missed. 'It is now more than 90 days after judgment was delivered in this case. Not only is there no application for the reservation of the question of law before you, but the time for bringing such an application has passed.' The law does allow for an application for condonation, provided the state can explain the delay and demonstrate prospects of success, before an appeal can be heard. ALSO READ: Omotoso's defence says NPA's acquittal appeal a 'fishing extradition', legally unsound
IOL News
6 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.
Eyewitness News
6 days ago
- Politics
- Eyewitness News
Omotoso's defence says NPA's acquittal appeal a 'fishing extradition', legally unsound
JOHANNESBURG - The National Prosecuting Authority (NPA) has run into another setback at the Gqeberha High Court as it moves to appeal the acquittal of controversial pastor Timothy Omotoso. Omotoso's defence team on Monday morning dismissed the state's bid for clarification, calling it a 'fishing expedition' and legally unsound. The NPA has applied for clarification around Omotoso's acquittal, as it prepares to approach the Supreme Court of Appeal. In April, Judge Irma Schoeman acquitted the Nigerian pastor of 30 charges, including rape, racketeering and human trafficking against Omotoso. A month later, Omotoso left South Africa for Nigeria, escorted by Home Affairs officials, who also declared him a prohibited person, banning his return for five years. In court on Monday, Omotoso's lawyer Peter Daubermann said granting the NPA its request for clarification would set a dangerous precedent. "My Lady, if this type of application were entertained, it would mean that an accused person would never know whether the judgment is final, this application is legally untenable, it's a fishing expedition, and I ask you to dismiss the application." ALSO READ: Reasonable prospect of success in appealing verdict in Omotoso sex crimes trial - Batohi
