A number of twists emerged in the drunken-driving trial of Pretoria High Court Judge Nkola Motata in the Johannesburg Magistrate’s Court on Tuesday.
After a morning adjournment, magistrate Desmond Nair told the court that he had had a discussion in chambers with the state and prosecution during which a new issue had arisen.
It emerged that ”the defence has been provided with a statement by an unknown witness”.
Nair said the defence ”took exception” to being handed the statement at this stage.
The statement was apparently commissioned on Monday and handed to the defence on Tuesday at 11.15am.
Nair said he did not want a breakdown to occur between the defence and the state to the extent that it ”slipped to a personal issue between themselves”.
During cross-examination, metro police officer Paulinah Mashilela identified a voice on a cellphone recording taken at the scene of the accident on January 6 2007, when Motata crashed his Jaguar into the perimeter wall of a Hurlingham property, allegedly while drunk.
The voice she identified says in Afrikaans: ”Nee, maar julle moet hom toesluit. Ek meen hy sluit mense toe vir die selfde storie [No, but you must lock him up. I mean he locked people up for the same story].”
Masilela said the voice might be that of Mr Baird, the owner of the property.
But she said ”I am uncertain” about this identification.
Earlier in her cross-examination, Mashilela said Baird had insulted Motata.
”There is a certain portion not on the tape where the owner says he [Motata] is a drunken kaffir.”
During further cross-examination, Mashilela said she had in her possession an affidavit by her police partner, Frieda Ramefemo.
She said the affidavit was meant to accompany one she had handed to the court in which she alleged threats were made to her by the prosecution.
Mashilela said she gave a copy of the affidavit to the Gauteng director of public prosecution, Charin de Beer.
De Beer attended a hearing on Tuesday after Mashilela’s allegation against the prosecution emerged on Monday.
Earlier, Nair said the prosecution would continue with the case despite the alleged threat. He said De Beer would discuss Mashilela’s concerns with her and see how to move forward. — Sapa