Omotoso's legal team says it's too late for state to appeal acquittal
On Monday, the National Prosecuting Authority (NPA) returned to the Gqeberha High Court in the Eastern Cape, taking a step towards challenging an April ruling that found the state failed to prove Omotoso's guilt beyond a reasonable doubt.
Prosecutors asked the court to clarify the findings that led to the not-guilty verdict, a request Omotoso's legal team strongly opposed, saying the NPA missed its window to appeal.
The Omotoso case was one of several that cast a light on the NPA's shortcomings, with High Court Judge Irma Schoeman delivering a damning assessment of the state's case.
Now, after regrouping, appointing new advocates and plotting a way forward, the NPA is trying to lay the groundwork for an appeal, a move the defence said comes far too late.
Omotoso's lawyer, Peter Daubermann, argued that the Criminal Procedure Act requires an appeal to be filed within 21 days, a deadline long missed.
'It is now more than 90 days after judgment was delivered in this case. Not only is there no application for the reservation of the question of law before you, but the time for bringing such an application has passed.'
The law does allow for an application for condonation, provided the state can explain the delay and demonstrate prospects of success, before an appeal can be heard.
ALSO READ: Omotoso's defence says NPA's acquittal appeal a 'fishing extradition', legally unsound
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