Judge 'singled out white guy'

2008-07-04 13:06

Johannesburg - Being singled out as "the white guy" is what prompted Richard Baird to record Judge Nkola Motata's rantings, allegedly while drunk, the Johannesburg Magistrate's Court heard on Friday.

According to Baird, Motata had said, "fuck the white guy" countless times. Baird said those words were not on any of the recordings heard in court because they had preceded them and prompted him to begin recording.

Motata's lawyer Danie Dorfling said that Motata did not appear to have sworn before a policewoman told him to "mind his words".

Baird said: "There was a general antagonism with the accused as the source of it that goes on throughout the evening."

On January 6, 2007 Motata crashed his Jaguar into the wall of Baird's Hurlingham property.

Motata was facing charges of drunken driving and defeating the ends of justice for allegedly resisting arrest.

Access to recordings

Dorfling also questioned Baird on whether he gave police and the press access to the recordings.

He also questioned him on why certain remarks Baird mentioned in evidence as having been said were not in the recordings.

State prosecutor Zaais Van Zyl said Baird had already testified that the recordings covered only one-sixth of the time spent at the scene on January 6 2007 when Motata allegedly crashed into the wall of a Hurlingham property which Baird owned.

"So we know it's not the full record," said Van Zyl.

"Where are we going?"

Dorfling said he wanted to show that the recordings did not give a full picture of happenings at the scene.

"What we have and what we see is not the full and accurate picture," he said.

Dorfling said that potential prejudice to Motata would outweigh evidential weight.

Trial within a trial

Baird's tenant Lucky Melk was expected to take the stand in a trial-within-a-trial to determine the admissibility of the five recordings of Motata's rantings.

Meanwhile, the prosecution appeared confused by the line of questioning the defence was using during the trial within a trial to determine the admissibility of five recordings of Motata's alleged drunken rantings.

"I have been quite for a long time," said Van Zyl.

"How this (defence counsel's line of questioning) goes to the admissibility of what goes to court (I can't understand)."

- SAPA