Nigerian televangelist Timothy Omotoso walks free

Molefe Seeletsa

By Molefe Seeletsa

Journalist


The judge criticised the state’s cross-examination of the accused, describing it as 'poor quality'.


After an eight-year legal battle, Nigerian televangelist Timothy Omotoso and his two co-accused have been found not guilty, bringing the high-profile rape case to an end.

Omotoso, along with his alleged recruiters, Zukiswa Sitho and Lusanda Sulani, appeared in the Eastern Cape High Court in Gqeberha, where the verdict was delivered.

The trio faced a range of serious charges, including racketeering, human trafficking, rape, and sexual assault.

ALSO READ: Timothy Omotoso rape trial: Witness says Omotoso was looking for a girlfriend

Omotoso was accused of grooming and molesting his victims, some as young as 14.

According to the state, the pastor allegedly orchestrated these crimes through Sitho and Sulani, who assisted in recruiting and trafficking young women.

It was also alleged that Omotoso arranged for the victims to travel to various locations, including a hotel in Durban, as well as destinations in Israel and Nigeria.

Timothy Omotoso rape trial judgment

In her ruling, Judge Irma Schoeman outlined the state’s case, saying it was alleged that Omotoso summoned the complainants to his bedroom, where he sexually assaulted them.

Schoeman later highlighted that if the accused’s testimony is not effectively challenged during cross-examination, it is deemed to be accurate.

“Generally, the failure of the prosecutor to cross-examine an accused may be decisive and an acquittal will likely result,” the judge said.

State prosecutor criticised

She criticised the state’s cross-examination of the accused, describing it as “poor quality”.

“It had the effect that the accused’s evidence was not placed in dispute at all and therefore, it did not necessitated the calling of corroborative witnesses if any who might have bolstered their defence,” Schoeman explained.

READ MORE: Court rejects Omotoso’s latest bid to have evidence deemed inadmissible

The judge concluded the state has not proven it’s case beyond reasonable doubt and acquitted all three accused.

“In my view, the explanations of the accused are improbable and I don’t subjectively believe them.

“However, due to the uncertainty of the actions of the state and the lack of proper cross-examination, I cannot find that the accused’s version are so improbable that they cannot reasonably possibly be true.

“The accused bore no onus to convince the court of the innocence. The accused are found not guilty and are discharged on all the charges,” Schoeman ruled.

Watch the judgment below, courtesy of SABC:

Pastor reacts

Omotoso – dubbed the “Man of God” – expressed his relief following the outcome of his case.

“I thank God,” he remarked.

The pastor revealed that he will be turning 67 in July and shared his immediate plans.

“I think it’s better for me to rest first. I have been in prison for eight years,” he said.

Trial delays

Omotoso has been in jail since his arrest in April 2017.

He has tried on several occasions to have the case either dismissed or declared a mistrial.

One such attempt was made on 16 January last year when the defence applied for Schoeman to reconsider her previous ruling on a discharge application under Section 174 of the Criminal Procedure Act (CPA).

However, the application was dismissed.

He also filed an unsuccessful application seeking the judge’s recusal from the case.

The prolonged trial has led to frustration, with some witnesses withdrawing from the case, citing a desire to move on with their lives and avoid reliving their traumatic experiences in court.

Last month, whistleblower Pamela Mabini — one of the first to speak out against Omotoso — was fatally shot by unknown assailants in the driveway of her home in Gqeberha.

She had previously survived an assassination attempt in May 2018.

NOW READ: Another high profile whistleblower gunned down: How safe are those who speak out?

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