Sunday, July 27, 2008

Drunk judge loses case

As expected, Motata, the drunk, white-hating, racist, foul-mouthed affirmative-action appointee ‘judge’ loses the first part of his trial to have the recordings dismissed.

Allow me to laugh heartily. Nothing makes me happier than to see the mighty black elite fall flat on their faces.

I think I’ll go and have another beer. This is going to be a treat watching a pompous asshole get his come-uppance.

And there's quite a few shows going on simultaneously. LaZooma, Hlophe, Motata, Yengeni... eish ...too much, too many black bruddas getting the law, hau!

Break out the popcorn and beer and enjoy the shows. Who needs M-Net?

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The five digital audio recordings of Pretoria High Court judge Nkola Motata's alleged drunken ramblings are acceptable evidence.

Johannesburg Magistrate Desmond Nair this morning ruled that the recordings would be accepted as evidence.

Judge Motata, who crashed his Jaguar into Hurlingham homeowner Richard Baird's garden wall on January 6 last year, is accused of driving drunk.

This week saw the end of the trial-within-a-trial which was held to determine the admissibility of five audio recordings of Judge Motata's interactions with Baird, witnesses and metro police officials moments after the crash.

Baird took photos of the scene shortly afterwards and also, on advice of his lawyer, used his cellphone to record conversations before the judge was taken into custody and charged with drunk driving and defeating the ends of justice by resisting arrest.

State prosecutor Zaais van Zyl argued that the recordings were machine-generated and therefore the best evidence available. The accuracy of the recordings had not been challenged and the accused did not testify as to his memory of events.

Defence counsel Danie Dorfling argued that Baird was unreliable and a liar, stating that his evidence had been ridden with inaccuracies. He claimed Baird had been negligent losing the camera he had used to take photos on that night.

Dorfling said the state had failed to provide admissible evidence and that submitting the recordings would breach the judge's right to a fair trial.

Van Zyl said the defence had failed to "argue their way around" a portion of the Electronic Communications and Transaction Act which was a "facilitating act" that, should it not hold, "clearly states that common law remains in place".

He pointed out that the act asked for the best available evidence. Nair this morning said that case law dictated that the recordings could not be relied on without corroboration and that they were not tampered with.

2 Opinion(s):

Anonymous said...

Sorry Doberman, to p*ss on your parade, as it were, but these guys will either 1) find a loophole in the law or 2) create a loophole...just like old zooma with his 30 million supporters!

Doberman said...

@ anon..04:50

Firstly, the word you want to use is PISS on your parade. No censorship in the comments section fellas ;o)~

Please speak freely and secondly, yes, you are right, the elite look after their own and he will get some suspended sentence, remain a judge, he has the right credentials (i.e. he can be bought - perfect ANC material) and so the rots continues.