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Pastor Timothy Omotoso and his two co-accused.
The National Prosecuting Authority (NPA) has confirmed it will appeal the ruling of the Eastern Cape Division of the High Court in Gqeberha in the case against Timothy Omotoso and two co-accused.
In April, Judge Irma Schoeman ruled that the state had failed to prove beyond a reasonable doubt that Omotoso and his co-accused were guilty of over 30 charges, including rape and human trafficking.
Eastern Cape Director of Public Prosecutions Barry Madolo said the decision to appeal was taken after reviewing the trial transcript and obtaining legal opinion from Senior Counsel.
Madolo says, “This decision took time due to the complexity of the matter.”
He added that under Section 319 of the Criminal Procedure Act, the state may only appeal an acquittal based on a question of law, not fact.
As the first step, the NPA has filed papers requesting the judge to clarify her factual findings. The authority says it will submit its application to appeal within a reasonable timeframe after receiving and examining the judge’s clarification.
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