Judgement reserved in Motata witness application

Judgement was reserved by the Johannesburg Magistrate’s Court on Tuesday on the state’s third application to call a witness, known as Mrs X, to testify in Judge Nkola Motata’s drunken-driving trial.

Magistrate Desmond Nair said he would reserve his judgement until Thursday at 2pm. The case was postponed until then.

Both the defence and the state submitted their arguments on why Mrs X should or should not be called to testify in this matter.

State counsel Zaais van Zyl submitted it was the court’s legal duty to call this witness, saying any failure to do this will amount to error of law.

Defence counsel advocate Danie Dorfling said if Mrs X was called it would infringe on his client’s right to a fair trial.

Mrs X is the witness who has twice been barred from testifying in this trial.

She was only brought to the attention of the court after making her statement on October 13 2008, regarding events of the night of January 6 2007 when Motata crashed his Jaguar into the perimeter wall of a Hurlingham property, allegedly while drunk.—Sapa