Judgement is expected in the drunk-driving case of High Court Judge Nkola Motata in the Johannesburg Magistrate’s Court on Wednesday.
The case, which has spanned two years, relates to an incident in January 2007 when Motata crashed his Jaguar into the wall of a Hurlingham property, north of Johannesburg, allegedly while drunk.
He faces a charge of drunk driving or an alternative charge of reckless and negligent driving. He was acquitted in June of an alternative charge of driving with an excessive amount of alcohol in the blood.
He also faces a charge of defeating or obstructing the ends of justice or an alternative charge of resisting arrest.
During closing arguments in July this year, defence lawyer Bantubonke Tokoto said that relying on witness Richard Baird’s testimony was ”too dangerous” as he was a complainant and not an independent witness.
Baird made audio recordings at the scene of Motata’s accident which were handed in to the court.
Tokoto said the audio recordings were selective and could have been manipulated.
”We insist Baird was biased,” said Tokoto.
However, prosecutor Zaais van Zyl said the evidence by Baird was reliable proof which showed Motata’s slurred speech as indicative of being intoxicated.
He also said Motata smelt of alcohol and was aggressive in refusing arrest.
”He held onto the steering wheel with both hands, refusing to be arrested, He even put his foot at the door and fell when he was lifted out of the vehicle. He was definitely not cooperative.”
The case, presided over by magistrate Desmond Nair, has been marked by several delays as well as a trial-within-a-trial to determine the admissibility of the audio recording.
It was later ruled the recordings were admissible. In addition, Motata twice change his legal team. – Sapa