The defence in Judge Nkola Motata’s case objected on Wednesday to the Johannesburg Magistrate’s Court viewing recordings of Motata’s alleged drunken rantings after a car accident.
”The basis on which the contents of the video clipping should be accepted is in a ruling on admissibility. These recordings should not be considered by the court until this court has ruled on its admissibility,” said defence advocate Danie Dorfling.
On Wednesday, a trial within a trial began to determine the authenticity, originality and admissibility of five video recordings.
Last month, magistrate Desmond Nair ruled that the authenticity of the recordings needed to be determined before they could be used by the prosecution.
The recordings, with sound but no picture, were made by state witness Richard Baird. He owns the home into which Motata drove his Jaguar on January 6.
The recordings were first made on a cellphone, then put on a memory card, downloaded on to a laptop, saved on to a memory stick and then saved on to another laptop.
”What about authenticity and originality in the 21st century?” asked Nair in October. ”Are risks not greater because of how technology has consumed us all? If copies are capable of manipulation, should the defence be given the opportunity to test them before the court admits them?”
Nair said the process of how the recordings were made had to be tested for authenticity.
Earlier, Baird told the court he had not edited the recording. ”I don’t have the software, I don’t have the time and I don’t have the inclination to do it,” he said.
Motata is facing charges of driving under the influence of alcohol, with an alternative charge of reckless or negligent driving and a charge of defeating the ends of justice with an alternative charge of resisting arrest.
The state was expected to begin arguments after lunch on Wednesday. — Sapa