NPA Slammed Over ‘Fishing Expedition’ to Reopen Omotoso Rape Trial

Judge’s April ruling acquitted Omotoso and co-accused, but the NPA now seeks ‘clarification’ a move the defence says threatens legal finality.

The National Prosecuting Authority (NPA) has come under fire after seeking clarification from the courts on the April acquittal of controversial Nigerian pastor Timothy Omotoso, with his defence team accusing the state of launching a “retrospective fishing expedition” to revive the failed rape trial.

The Eastern Cape High Court in Gqeberha heard arguments on Monday in the first phase of the state’s application for leave to appeal. But Judge Irna Schoeman’s previous ruling, which found that the prosecution failed to prove its case beyond a reasonable doubt, still stands.

NPA’s Legal Strategy Questioned

Representing the NPA, Alpa Bodlani insisted the state was not seeking to overturn the ruling—but rather to clarify the court’s factual findings so it could consider pursuing questions of law at the Supreme Court of Appeal (SCA).

“We don’t want the judgment changed,” Bodlani said. “We simply want clarity to determine whether we can reserve a legal question for the appeal court.”

He argued that the Criminal Procedure Act requires that factual findings be clearly articulated in order for the state to legitimately appeal on points of law.

Gqeberha High Court: NPA Omotoso Appeal https://t.co/GtxZpsoVz1

— NPASouthAfrica (@NPA_Prosecutes) July 14, 2025

Defence Hits Back: ‘This Is Final’

Omotoso’s attorney, Peter Daubermann, dismissed the request as procedurally improper, accusing the NPA of trying to “reverse engineer” a justification for an appeal.

“There is no ambiguity in this judgment. It is long, reasoned and careful,” Daubermann said.

He added that no mechanism in law exists for requesting post-acquittal clarification of facts unless a question of law is properly reserved, which, he argued, has not been done.

“You [Judge Schoeman] have discharged your function and cannot now supplement or revisit those findings,” he told the court.

‘No Finality If This Is Allowed’

Daubermann warned that allowing such applications would undermine the finality of legal rulings.

“If this is entertained, it would mean any accused person could face perpetual legal uncertainty. That is a dangerous precedent.”

He also pointed out that the 90-day delay in bringing the application exceeded what could be considered a “reasonable time,” arguing that the legal timeframe to do so had long expired.

Omotoso Already Deported

While legal proceedings unfold, Omotoso has left South Africa, having been declared a prohibited person by the Department of Home Affairs.

Despite his departure, the NPA’s continued pursuit of the case has added further controversy to a matter already marked by public scrutiny, lengthy delays, and judicial criticism of the prosecution’s handling.

Judge Schoeman is expected to deliver her verdict on the NPA’s request next Tuesday, a decision that could have broader implications for post-trial procedure, the rights of the acquitted, and the powers of the state to revisit judgments.

For now, the defence maintains that the trial is over, and the law must be respected.

“This is not a clarification,” Daubermann said. “It’s a disguised attempt to reopen a case that has already collapsed.”

{Source: The Citizen}

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