Motata drunken-driving trial postponed

Pretoria High Court Judge Nkola Motata’s drunken-driving trial was on Monday postponed to November 3 for the court’s ruling on the introduction of a new witness.

This after defence advocate Danie Dorfling rejected an application by the prosecution to lead evidence by an unidentified witness.

In his argument, Dorfling said calling the new witness late in the trial would prejudice his client and infringe his constitutional rights to a fair trial.

He also asked magistrate Desmond Nair to weigh the state’s entitlement to lead new evidence against Motata’s right to a fair trial.

Prosecutor Zaais van Zyl had earlier told the court that “a fair trial also requires fairness to the public”.

He also quoted from the Criminal Procedure Act, according to which the state could subpoena witnesses at any stage of criminal proceedings if such a witness appeared to be essential to the case.—Sapa