/ 24 February 2009

Defence to apply for Motata’s discharge

An application to discharge Pretoria High Court Judge Nkola Motata on charges of drunken driving will be brought in the Johannesburg Magistrate’s Court on March 9.

The state has closed its case against Motata, who crashed his Jaguar into the perimeter wall of a house in Hurlingham in January 2007, allegedly while drunk.

During Motata’s brief appearance on Tuesday, magistrate Desmond Nair told him he had held discussions with the defence and state counsel in his chambers.

He had been informed that defence counsel Danie Dorfling intended bringing an application for Motata’s discharge.

This would take place on March 9. State prosecutor Zaais van Zyl had requested time to prepare a response, and March 16 had been allocated for that purpose, with March 23 set aside for Dorfling’s response.

The court would then deliberate on the matter and make its decision on April 2.

Nair pointed out that it would be difficult to complete the process in the four days from a Monday to a Thursday.

”If the matter was a short theft matter involving R200, in the normal course, that’s what would happen,” he said.

However, counsel for the defence and state needed time to prepare their applications and responses.

”This matter has heard evidence over a period of 18 months already. So I hope you understand,” he told Motata.

Motata’s bail was extended. — Sapa