Motata witness 'was biased'
2009-07-16 21:01
Johannesburg - If Judge Nkola Motata is convicted, it would be based on evidence supplied by complainant Richard Baird and nothing else, defence lawyer Bantubonke Tokoto said on Thursday.
"Reliance on Baird's testimony is too dangerous," Tokoto told the Johannesburg Magistrate's Court during his closing arguments.
He argued that other evidence presented to the court was flawed, that witness statements contained contradictions and that the only way to convict his client was through Baird's evidence.
"Baird is a complainant and is not an independent witness. If one has to convict the accused, you have to rely on Baird. And here his credibility comes into play."
Selective recordings
The audio recordings Baird had made at the scene of Motata's accident and which were handed to the court were selective, the lawyer maintained.
"He took the recording an hour after the incident... We insist Baird was biased."
Tokoto maintained Baird recorded only what was in his own interest and not what was said to provoke his client.
He also emphasised that the recording could have been manipulated and that its authenticity was in question.
"Baird himself conceded that such a recording could be manipulated... and it's impossible to detect manipulation in the absence of the original data," said Tokoto.
It was coincidental that both pieces of equipment used to make the recordings were not presented to the court.
"The digital camera could not be found and the cellphone was broken."
He urged the court not to rely on the recordings, but on the facts of the case.
Witness 'white-washing' Motata
Earlier, State prosecutor Zaais van Zyl told the court a State witness was "white-washing" Motata of wrongdoing.
He asked the court not to rely on the evidence given by Metro police officer Paulinah Mashilela, unless it was corroborated, saying certain portions of her evidence were "clearly not reliable".
In her testimony, Mashilela told the court she only arrested Motata because he spoke too much.
Van Zyl questioned this and said that, in some instances, the officer deliberately gave evidence against the State.
"She was white-washing the accused of all wrongdoing," he said.
When Magistrate Desmond Nair asked Van Zyl why he did not declare her "hostile" when she seemed to be speaking on behalf of the defence, Van Zyl responded that she was an experienced officer, and that only a portion of her evidence was not reliable.
The prosecutor said that Baird's recording carried considerable weight in court.
Different version of incident
He further submitted that Motata was intoxicated during the 2007 accident, smelt of alcohol, resisted arrest and was aggressive.
"He held onto the steering wheel [of his Jaguar] with both his 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 co-operative," Van Zyl said.
Tokoto however gave a different version of the story.
He said Mashilela wanted to arrest him for talking too much.
"It's not an offence to talk too much... but what could he have done, she was going to arrest him.
"He therefore held onto the wheel..."
The case continues.
- SAPA