Motata 'master of English'
2009-07-16 13:47
Johannesburg - Judge Nkola Motata has no speech impediment, he does not repeat words, and he is a master of the English language, state prosecutor Zaais van Zyl said on Thursday.
He was describing Motata's normal language as compared to his statements at the 2007 accident scene, which led to the case, where Van Zyl was giving closing argument in the Johannesburg Magistrate's Court.
On the night of the accident, Van Zyl told the court that Motata had language impairments, used vulgar language, and that his word construction was inadequate.
"He has no speech impediment, he does not repeat words and he is a master of the English language," Van Zyl said.
Van Zyl explained that as a high court judge Motata was expected to have a clear understanding of the English language.
'Reliable proof' of alcohol
Through evidence given by witness Richard Baird, Van Zyl said it was reliable proof that Motata's slurred language was indicative of him being under the influence of alcohol.
The transcript by Baird was reliable proof to assist the court... and audio recordings provided a unique opportunity to court to hear what was happening at the scene after the accident.
"This is real evidence... which provides important corroboration and proof that there was vulgar language and swearing at the police officers," Van Zyl said.
Van Zyl went on to tell the court that people had heard Motata's voice in the court and knew what it sounded like.
Nair questioned the prosecutor's statement, saying if Motata knew he was being watched, then he may have chosen not to speak in court as it would prejudice him.
In response Van Zyl said: "You heard him, your worship, you know what he sounds like".
Earlier, Van Zyl said that with the accused not having testified, some questions about the accident remained unanswered.
Motata was acquitted in June on a charge of "driving with an excessive amount of alcohol in his blood" as an alternative charge to drunken driving.
Motata was charged with drunk driving in January 2007 after he crashed his Jaguar into the perimeter wall of Baird's property in Hurlingham, north of Johannesburg.
- SAPA