RIGHTS groups have been spitting fire in response to televangelist Timothy Omotoso walking free on Wednesday after a trial at the Gqeberha High Court that lasted eight years.
Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho faced multiple charges of racketeering, trafficking in persons, rape, and sexual assault, but have since been acquitted on all counts.
All three accused were arrested in April 2017.
The outcome brought to fore the State’s apparent shortcomings in proving its case against the accused.
Presiding Judge Irma Schoeman pointed out the State’s major shortcoming, which was their half-baked cross-examination of the accused.
One of the complainants in the matter, Cheryl Zondi, claimed that she was promised spiritual growth and a better life as she was earmarked to participate in church activities.
Zondi made the assertion when she testified in 2018.
Omotoso headed the Jesus Dominion International (JDI) church that had branches in Nigeria, Israel and South Africa, with headquarters in Durban, and his co-accused were his assistants.
It was alleged that he together with his co-accused paid and arranged for the complainants to travel to his hotels in Durban, Israel, or Nigeria, where they had to switch off their phones and adhere to his instructions.
They would then be selected for intimate encounters with him in his private bedroom.
In handing her ruling, Schoeman ripped into the State’s cross-examination efforts and described it as tepid and lacking substance.
“He was not cross-examined on his denial with reference to the complainant’s testimonies. No attempt was made to elicit inconsistencies or improbabilities. His cross-examination consisted mainly of putting a very limited synopsis of the complainant’s evidence, which he denied,
“The cross-examination was shallow and lacked the intention to uncover the truth. Similarly ineffectual and superficial was the cross-examination of Sulani and Sitho that amounted to no cross-examination at all.”
Schoeman believed that the poor showing from the State failed to challenge accused versions of events.
Sonke Gender Justice co-executive director, Bafana Khumalo, said they were disappointed with the outcome.
"We are appalled by this grossly incompetent performance by the prosecution. This is an injustice and secondary victimisation of the survivors who placed their lives on the line to challenge Omotoso.
"It is inexplicable why the prosecution performed so dismally in this case in a country where GBVF and sexual offences are so high. The pronouncements by the presiding officer are damning on the poor presentation by the NPA.
"It is our strong view that there must be consequential management on this massive poor performance by the prosecution. It is such lapses by the criminal justice system that discourages many victims and survivors of sexual violence from coming forward to report their cases," said Khumalo.
The chairperson for the DA Women's Network (Dawn) in the Eastern Cape, Nomvano Zibonda, called on the Minister of Justice and Constitutional Development to launch an investigation into the failures of the NPA in prosecuting cases of gender-based violence.
"The handling of this case is a shocking indictment of our justice system. Victims of crime in South Africa deserve a criminal justice system that is beyond reproach, one that crosses every T and dots every I.
"Gender-based violence is spiralling out of control in South Africa, and the knowledge that the justice system is inept will lead many women in the future to remain silent and endure further abuse, as they will believe they will never be protected or vindicated," said Zibonda.
The ANC Women's League expressed its disdain at the outcome.
Provincial Chairperson, Ntandokazi Capa, said they would always be "unashamedly on the side of the abused, especially women and children".
"We are of the firm view that the not guilty version does not mean innocent. As such, we hope that the State can bring the case back to court and have its best prosecutors so that more diligent prosecuting can take place," said Capa.
In response to the bloodied nose they received in the matter, National Prosecuting Authority’s spokesperson, Luxolo Tyali, said their team will study the judgment and decide which legal avenues to explore.
“As much as the NPA does not seek to secure a conviction at all costs, it remains committed to ensuring justice is served for the victims of crime and will go to all lengths to give a voice to the victims by exploring all the possible avenues," said Tyali.
Omoto indicted he would "rest first” before considering his future options.
*Additional Reporting, Daily News
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