The first part of the appeal process in the case of Timothy Omotoso and his co-accused will be heard tomorrow, Monday, July 14, by the Eastern Cape Division of the High Court in Gqeberha.
According to National Prosecuting Authority (NPA) spokesperson, Advocate Mthunzi Mhaga, this follows a directive by Judge Irma Schoeman after the State sent a request for clarification of factual findings in her judgment, before the State can request reservation of questions of law in terms of section 319 of the Criminal Procedure Act, 1977 for consideration by the Supreme Court of Appeal.
“This is the only limited mechanism in which the State can appeal an acquittal judgment in South African law,” he said.
Mhaga added that Judge Schoeman then ordered the State and the defence to argue the matter before her after Omotoso’s attorney notified the Registrar that the defence was opposed to the State’s request.
“We take the view that it will be appropriate and in order for the Honourable Judge to provide such clarification before the State can identify and request her to reserve those questions of law,” Mhaga concluded.
