• Judge Irma Schoeman ruled that the state failed to cross-examine the accused properly leaving their version unchallenged.

• The NPA says it might now petition the Supreme Court of Appeal to try and save the case.

Timothy Omotoso is staying a free man.

The state has suffered another embarrassing defeat in its fight to put the televangelist behind bars.

The Gqeberha High Court has dismissed the state's application for leave to appeal his acquittal.

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Judge Irma Schoeman ruled that there was no merit in the prosecution's arguments.

Omotoso and his two co-accused were found not guilty on all charges in April 2025. The state tried to fight back, asking the court to reserve six legal questions for an appeal.

But the judge said the state made a fatal mistake during the trial.

She pointed out that prosecutors failed to properly cross-examine the accused.

Because the accused were not challenged on their version of events, the court was forced by law to accept their story as "reasonably possibly true".

The judge said that even if the state's witnesses were believed, that is not enough for a conviction. In criminal law, you need proof beyond a reasonable doubt.

The racketeering charges fell apart for the same reason. The accused denied the crimes, and the state did not question them on it.

Judge Schoeman said the state is simply unhappy with the facts, not pointing out any real legal errors.

She also noted that prosecutorial misconduct played a role in the fairness of the trial.

The National Prosecuting Authority (NPA) is not giving up just yet.

Spokesperson Luxolo Tyali said they are looking at their options.

"We are considering petitioning the Supreme Court of Appeals," he said on Friday.