State to appeal acquittal of Omotoso, two others
Eastern Cape director of public prosecutions Barry Madolo has decided to appeal the judgment of the Gqeberha high court which acquitted Nigerian televangelist Timothy Omotoso and two others.
The leader of the Jesus Dominion International Church (JDI) faced 63 charges with his co-accused and JDI members Lusanda Sulani and Zukiswa Sitho. Last month the court said the cross-examination of the accused was of poor quality and the state failed to prove the case beyond reasonable doubt.
The National Prosecuting Authority (NPA) said on Tuesday the decision to appeal followed a thorough consideration of the matter by an internal team of experienced prosecutors and a legal opinion sourced from senior counsel.
It said the decision could not be rushed due to the complexity of the matter and the voluminous transcript that needed to be studied.
'The NPA believes there are reasonable prospects of a successful appeal despite the complexities of the legal process,' spokesperson Mthunzi Mhaga said.
A convicted person may appeal a conviction on facts and the law. However, the state can only appeal an acquittal on a question of law, as opposed to facts, in terms of the Criminal Procedure Act.
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