The Commission for the Promotion of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) has lambasted the National Prosecuting Authority (NPA) after Nigerian televangelist Timothy Omotoso was on Wednesday acquitted by the High Court in Gqeberha, Eastern Cape.
IOL reported earlier that the 66-year-old Omotoso and his two co-accused, Lusanda Sulani and Zikiswa Sitho were acquitted on multiple charges which included racketeering, trafficking in persons, rape, and sexual assault.
Speaking to journalists at the court, chairperson of the CRL Rights Commission, Thoko Mkhwanazi-Xaluva said the victims have been left disappointed and dejected.
"All we can say is, the NPA let us down. The NPA let these witnesses (the victims) down. There are hundreds, if not thousands of victims out there who were waiting to see how this case goes. If it was not a matter of not cross-examining the accused appropriately, as the judge said, then we are leaving it at the door of the NPA.
"The NPA should have lined up their very best. The Hawks did their job. The witnesses told their truth, and then the NPA dropped the ball on the very last hours," she said.
The CRL Rights Commission lamented that the Omotoso case was of international importance and sets a bad precedence.
"I hope the head of the NPA (advocate Shamila) Batohi gives us answers on why she did not line up her very best here. We are looking at this thing not just as a loss of a case, but a loss of souls," said Mkhwanazi-Xaluva.
Moments after being acquitted, Omotoso told journalists that it has been a tough eight years.
"The only thing I can say, I thank God. I thank God. I give him all praise. I am 67 by next July. I have been in prison for eight years," Omotoso spoke to journalists moments after the court passed its verdict.
Journalists asked Omotoso if he was considering suing the State, and he said he needed time to think.
"I think it is better for me to rest first. I have been in prison for eight years, at this age. I think we should give some time for that," he said.
Judge Irma Schoeman delivered judgement on Wednesday morning after taking hours detailing evidence from the State, the complainants and the defence.
"I am of the view that although there are aspects of the complainants that are unsatisfactory, I cannot find that their evidence is incredible. However, I cannot find that the evidence of the accused falls to be rejected as false either," the court remarked.
Schoeman added that the evidence of the defence was not properly tested through a proper cross examination by the prosecution.
"This matter falls in the category where in my view the explanations of the accused are improbable, and I do not 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 they cannot reasonably possibly be true," she said.
"The accused bore no onus to convince the court of their innocence. I am of the view, in light of all the circumstances of the case, that the State has not proved its case beyond reasonable doubt.
"The accused are found not guilty and they are discharged on all the charges," the judge ruled.
Omotoso, Sulani and Sitho then knelt on the bench in court, praying.
A crowd of supporters hugged Omotoso shortly after he was acquitted in court, shouting "papa".
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At the last court appearance the NPA said the judgement would mark a remarkable milestone in the case that has been marred by delays for almost eight years since the arrest of the trio.
It is alleged that Omotoso, who was addressed as “the man of God”, was the leader of the Jesus Dominion International (JDI) church and his co-accused were his assistants.
JDI had major branches in South Africa, Nigeria, and Israel, with Durban being its headquarters in the country.
"The complainants were either congregants, employees or persons selected to take part in the activities of the church when they were recruited under the pretext that they would benefit spiritually or improve the quality of their lives," said NPA spokesperson Luxolo Tyali.
The court heard that Omotoso allegedly directly or indirectly through his co-accused, paid and arranged for the complainants to travel to his hotel, Durban, Israel, or Nigeria.
"However, once the complainants arrived, Omotoso or his assistants would inform them of house rules, which included that their cell phones be switched off or told not to contact male companions and were to further abide by his instructions.
"Omotoso would allegedly select one of the complainants to go to his private bedroom where he raped or sexually assaulted them."
The State said that with the evidence presented, they were hoping for a guilty verdict.
IOL