The court in Judge Nkola Motata’s drunken-driving trial on Thursday sought clarity on the medical condition of a witness who says he suffers from memory loss and that an accident affected his ability to testify.
”May the court note there are a lot of things I can’t recall. I’m not disputing the questions or answers asked; I can’t recall,” said metro police officer Moathlodi Daniel Madibo.
Madibo was at the scene on January 6 2007 when Motata crashed his Jaguar into the perimeter wall of a Hurlingham, Johannesburg, property — allegedly while drunk.
The officer said that in December 2007, he was also involved in an accident, after which he was hospitalised for eight months. He said he only returned to work two months ago and was only conducting light duties such as issuing parking tickets.
On Thursday, he told the court: ”I have also produced a doctor’s certificate that my brain was damaged … I’m not trying to be funny or anything.”
Earlier, during cross-examination, defence advocate Danie Dorfling pointed out inconsistencies in Madibo’s testimony.
In previous testimony, Madibo had said he did not hear anyone swear at the scene of the accident, but on Thursday he testified that he had heard Motata say ”fuck”.
Magistrate Desmond Nair said the court should stand down so Madibo could bring the doctor’s certificate and other medical documents that could explain his condition.
”It’s very important so we can see exactly what is the meaning of your answers,” the magistrate told Madibo.
Earlier, a court orderly was removed from the case after he allegedly spoke with Madibo about the facts of the case during a break.
Nair said that when the hearing resumes on October 22, two new court orderlies will be brought in while an investigation into the present orderly takes place. — Sapa