/ 9 July 2008

Motata trial witness ‘persuaded’ to testify

The tenant into whose wall Pretoria High Court Judge Nkola Motata crashed while allegedly driving drunk was ”persuaded” by his landlord to make a statement and testify in Motata’s trial, the Johannesburg Magistrate’s Court heard on Wednesday.

”I did not want to make a statement,” said Lucky Solomon Melk, the tenant of the Hurlingham estate owned by Richard Baird, where Motata’s car crash took place on January 6 2007.

”I had a relationship with Mr Baird. I was a tenant and he was the landlord where even though I did not want to testify or become a witness, I was actually persuaded to.”

Melk said he had tried to avoid police who came several times to his home to take a statement.

He said he eventually agreed months later to give a statement after he was told by Baird that he would otherwise be arrested.

The date on his statement which says it was taken on January 8 2007 was therefore incorrect, he said.

Melk said he did not hear the first words between the judge and Baird but said he saw it was a ”heated” and ”unpleasant” interaction.

Subsequently when he was in the vicinity, he did not hear Baird insult Motata.

The state advocate Danie Dorfling said the defence was trying to take into account the contextual completeness and accuracy of the recording.

Dorfling said the defence wanted to show a different witness could create a different context in which the recordings took place.

Melk said he had told Motata to stop talking to the other people on the scene.

He said he wished the matter could rather have been simply resolved.

”All i wanted was two adults to sort out the simple matter of the wall. The judge must pay Mr Baird and that’s it and I still wished that happened.” – Sapa