Baird 'not careless' with cell

2008-07-22 13:48

Johannesburg - Richard Baird, who took five cellphone recordings at the scene of an alleged drunken driving accident involving Pretoria High Court Judge Nkola Motata, was not careless in his handling of the data, the Johannesburg Magistrate's Court heard on Tuesday.

Baird had not lost a secure digital card containing the recordings, instead, it had been stolen, said state prosecutor Zaais van Zyl. He was speaking at the conclusion of a trial within a trial to determine the admissibility of the recordings.

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

On Monday, the defence launched a sharp attack on Baird's credibility while presenting their heads of argument.

Defence advocate Danie Dorfling said at the time that Baird's handling of the data at the level of storing it, communicating it and even maintaining it could not be trusted.

Additional information

On Tuesday, Van Zyl said the fact that Baird had dropped his phone twice was something that happens. The fact that his CD player was broken on his laptop was no reflection on his care with the data.

He said some compressed "zip" files of the recordings were not missing, but in a different location on Baird's computer.

Van Zyl said different explanations Baird gave for proceedings on the night he took the recordings were not examples of him changing his evidence, but rather of him providing additional information.

Potential prejudice

He said it was just human that Baird might not independently remember events more than 18 months after they had occurred.

The state's use of four witnesses - two metro police officers, Baird and his tenant Lucky Melk - who listened to the recordings and confirmed they reflected events on the night of the accident, were not engaged in "self corroboration".

Van Zyl was testifying to the accuracy of the recordings. "These are requirements set in our law."

In his reply on Tuesday, Dorfling said the damage of the cellphone and the loss of the secure digital card were still to be considered.

He said if one had footage that would be used by a court of law, "you need to take care of it".

He said Baird did not have an independent recollection of events, but was reliant on the recordings.

"It's something else to remember without the recordings."

On Monday the defence said the evidential weight was so limited and the potential prejudice to the accused so severe that the recordings should be disregarded by the court.

The best evidence, as legally required, had not been brought before the court.

The cellphone on which the recordings were originally made was broken and the secure digital card that carried an earlier copy had been stolen.

The court had been listening to a version of the recordings downloaded onto Baird's laptop.

The state said on Monday that the accuracy and relevance of the recordings was undisputed.

- SAPA