Omotoso 'not fugitive from justice' NPA says
Dressed in a grey hoodie and dark glasses, Omotoso walked with confidence toward his flight at OR Tambo International Airport and left SA.
The National Prosecuting Authority (NPA) said South Africa's legal system does not require controversial Nigerian pastor Timothy Omotoso to appear during the hearing of an appeal by a court of law.
The NPA has confirmed it will proceed with its appeal of the judgment that acquitted Omotoso despite his departure from the country.
Dressed in a grey hoodie and dark glasses, Omotoso walked with confidence toward his flight at OR Tambo International Airport on Sunday.
Leaving SA
The Nigerian pastor stopped to speak to immigration officials, but said nothing to the media as he hurried through departures.
He refused to answer any questions, including whether he planned to return to SA at some point.
NPA spokesperson Advocate Mthunzi Mhaga said they have noted Omotoso's departure from South Africa.
'The NPA will proceed with the appeal on the acquittal judgment notwithstanding. The South African legal system does not require active participation or the presence of an accused person during the hearing of an appeal by a court.
'Timothy Omotoso is not a fugitive from justice; there are no legal grounds to prevent him from leaving the country. His departure means that the person considered undesirable is no longer enjoying his life in this country, pending the outcome of the appeal, which could take a long time to finalise,' Mhaga said.
ALSO READ: WATCH: Kubayi demands answers after 'heartbreaking' Omotoso acquittal
Extradition
Mhaga added that if the appeal succeeds, the NPA will apply for his extradition to give effect to the order of the Supreme Court of Appeal (SCA).
'The NPA will utilise all existing bilateral, regional and international cooperation treaties and mechanisms to ensure he is extradited to South Africa. These include our bilateral extradition treaty with Nigeria and the Commonwealth Scheme for extradition.'
Omotoso and his co-accused, Lusanda Solani and Zukiswa Sitho were arrested on 32 serious charges, including rape, racketeering and human trafficking, but were acquitted by the Gqeberha High Court last month.
Arrest
He was expected to leave shortly after that verdict, but instead tried to relaunch his ministry.
Omotoso was arrested last weekend by Home Affairs and the police for allegedly being in the country illegally. He was released on Tuesday by the East London Magistrate's Court, pending an appeal against the charge.
Mhaga said the decision to appeal Omotoso's acquittal followed a thorough consideration of the matter by an NPA internal team of experienced prosecutors and a legal opinion sourced from Senior Counsel.
'The decision could not be rushed due to the complexity of the matter and the voluminous transcript that needed to be interrogated.'
The NPA believes that there are reasonable prospects of a successful appeal despite the complexities of the legal process.
Additional reporting by Kyle Adam Zeeman
ALSO READ: Nigerian televangelist Timothy Omotoso walks free
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