Defence, prosecution clash in Motata trial

The defence and the state clashed in court on Wednesday during the drunken-driving trial of Pretoria High Court Judge Nkola Motata over whether prosecutor Zaais van Zyl could defend allegations that he coached a witness on what to say.

“Mr Van Zyl has now become a witness in his own case, a case in which he is a prosecutor,” said defence advocate Danie Dorfling.

This week metro police officer witness Paulinah Mashilela alleged that Van Zyl had told her what to say during cross-examination, an instruction she says she ignored.

On Wednesday, Dorfling said while it was important to address the allegations, the trial proceedings were not the “open forum” to do so.

Van Zyl said the allegations against him were so serious that they “can go to the heart of the case”.

With Gauteng director of public prosecutions Charin de Beer having been told to attend the court because of the allegations against the prosecution, Van Zyl said: “My position in this case is being considered; I might be out of here before the end of the day.”

He said if he was the source of coaching a witness, “I should leave this case in the blink of an eye, I should not practise law”.

Magistrate Desmond Nair said the allegations against Van Zyl were so closely linked with the merits of the case that it altered whether or not they should be dealt with during trial proceedings.

Motata is on trial for crashing his Jaguar into the perimeter wall of a Hurlingham property in January 2007, allegedly while drunk.

Motata is facing a charge of driving under the influence of alcohol or drugs, with an alternate charge of driving with an excess of alcohol in his blood or reckless or negligent driving.

He also faces a charge of defeating the ends of justice with an alternate charge of resisting arrest.—Sapa