Witness 'white-washing' Motata

2009-07-16 14:23

Johannesburg - A state witness was "white-washing" Judge Nkola Motata of wrong-doing, the Johannesburg Magistrate's Court heard on Thursday.

State prosecutor Zaais van Zyl told the court that metro police officer witness Paulinah Mashilela's evidence could only be relied upon if it was corroborated.

"Certain portions of her evidence are clearly not reliable," he said.

Van Zyl referred to the arrest of Motata when the officer told the court she only arrested him because he spoke too much. Van Zyl told the court the witness also said she did not hear him stammering or repeating himself.

"She was white-washing the accused of all wrong-doing. She must have heard him repeating himself and stammering while the recording was made."

He told the court that if one had to look at the overall picture, one would see that her statements were not credible.

"She is an experienced officer but she deliberately gave evidence against the State in some instances, and that's the impression I get," said Van Zyl.

Magistrate Desmond Nair asked Van Zyl why he did not declare her "hostile" if she spoke for the defence. The prosecutor responded by saying that only a portion of her evidence was not reliable.

Van Zyl said that there was no doubt that the recording presented as evidence in court carried considerable weight and that Richard Baird was a credible witness. The prosecutor submitted that Motata was intoxicated at the 2007 accident, obstructed justice, resisted arrest and was aggressive.

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