/ 30 July 2008

Motata trial: Handwritten note accepted as evidence

A note apparently written by Pretoria High Court Judge Nkola Motata on the night of his alleged drunken-driving accident was admitted as evidence in the Johannesburg Magistrate’s Court on Wednesday.

The note was apparently given to Richard Baird, the owner of the Hurlingham property where Motata crashed into a wall.

The note, with spelling errors, reads: ”The honourable Mr Mr Justice NJ Motata Transvaall Provinccial Divisionn [TPDD].” A Pretoria-coded telephone number then follows.

During questioning by the state, Baird said his perimeter wall, electric fence and irrigation system were damaged by the accident.

During cross-examination by the defence, Baird said there was ”some commotion” by female metro police officers about getting a breathalyser, and there was talk that a policeman should bring one.

However, he said he did not see a breathalyser on the scene.

The defence also raised questions on the discrepancies about the time by which he recorded events and the time metro police recorded events on the scene. But Baird was adamant that by using the time on his cellphone he had captured an accurate time frame of events on the night of the accident on January 6 2007.

Baird said it was possible that blood was only drawn from Motata at 3.35am, as the doctor who conducted the procedure had noted.

This would mean blood was drawn more than three hours after the accident occurred. — Sapa