National Director of Public Prosecutions (NDPP), Advocate Shamila Batohi, has requested a report from the Eastern Cape Director of Public Prosecutions (DPP), Barry Madolo, on the judgement in the Timothy Omotoso case.
Timothy Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho, were acquitted by the Gqeberha High Court of 32 serious charges, including allegations of rape, racketeering and human trafficking, on Wednesday.
In a stinging judgement, Judge Irma Schoeman noted that the prosecution’s cross-examination of the accused was “shallow and lacking the intention to uncover the truth” – leading to the acquittal as the prosecution did not prove their case beyond reasonable doubt.
National Prosecuting Authority (NPA) spokesperson Advocate Mthunzi Mhaga said Batohi would “carefully study the judgment when it is made available to the parties”.
“In the meantime, she has expressed her serious concerns about adverse findings made by the judge against the prosecution team, relating to the manner in which the prosecution was conducted.
“The NDPP has called for a transcript of the proceedings and will consider it in order to determine whether the criticism of the prosecution team is warranted. Depending on the outcome of this process, the NDPP, together with the DPP: EC [Eastern Cape], will decide on appropriate action,” Mhaga explained.
He added that the DPP in the Eastern Cape has also “indicated that the team will study the judgement and decide on whether to bring an application to appeal the judgement”.
Mhaga emphasised that the NPA has demonstrated commitment to the fight against gender-based violence (GBV) and sexual offences.
“The NPA has a world-class special unit called the Sexual Offences and Community Affairs Unit which is dedicated to dealing with sexual violence and related cases. The NDPP appreciates the public outrage expressed by many in response to the judgment in view of its devastating impact on the victims in this case, and the fight against the scourge of gender-based violence in the country.
“The NDPP is proud of the NPA’s track record in providing victim-centred and professional support to victims of gender-based violence, including through the national rollout of Thuthuzela Care Centres (TCCs) that for the past eight years have provided specialised support in almost 280 000 matters (or 34,600 matters per year).
“This recent judgement represents a travesty of justice that we cannot accept. The NDPP awaits the report from the DPP EC and will consider the next steps to ensure that this tragic outcome is dealt with swiftly and appropriately, based on the facts and the legal dimensions relevant to the judgement,” Mhaga concluded.
Meanwhile, Justice and Constitutional Development Minister Mmamoloko Kubayi, has expressed her deep concern regarding the manner in which the case of Timothy Omotoso and his co-accused was handled by the prosecuting team.
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