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High Court Reserves Ruling on NPA Bid to Appeal Omotoso Acquittal

The court is weighing the NPA’s request to send legal questions from the April acquittal to the Supreme Court of Appeal.

Overview

  • Prosecutors argued in Gqeberha that Section 319 allows the trial court to reserve discrete questions of law without testing prospects of success.
  • State Advocate Apla Bodlani asked the court to refer issues on the proper approach to evaluating evidence and the treatment of corroboration.
  • An NPA affidavit by Deputy Director Joel Cesar contends Judge Irma Schoeman erred in law and that another court could reach a different view.
  • Defence lawyer Peter Dauberman opposed leave, saying the State is recasting factual disputes as legal errors and that any alleged misstep would not alter the outcome.
  • Omotoso and two co-accused were acquitted in April on 32 charges after criticism of the State’s cross-examination, and Omotoso has since left for Nigeria.