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THE SMART NEWS SOURCE | Feb 10 2010 03:57 | LAST UPDATED Feb 10 2010 03:57 |
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The protracted drunken-driving trial of North Gauteng High Court Judge Nkola Motata is not over yet as his defence indicated on Wednesday he will apply for leave to appeal in the Johannesburg Magistrate's Court. "He is not happy. That's why he is instructing [to apply for leave to appeal]," defence lawyer Bantubonke Tokota told reporters after the court adjourned. "We have been instructed to appeal against both the conviction and sentence." Motata was sentenced to a R20 000 fine or 12 months' imprisonment for drunken driving by Magistrate Desmond Nair in the Johannesburg Magistrate's Court on Wednesday. Motata was last week found guilty of drunken driving. He crashed his vehicle into the perimeter wall of a property in Hurlingham, north of Johannesburg, while drunk in January 2007. The trial has lasted more than two years and been marked by several delays, including Motata changing his defence team twice and a trial within a trial to determine the admissibility of audio recording evidence later used to convict him. In sentencing Motata on Wednesday, Nair said that while the accident happened in a quiet area with no traffic, "it could have happened anywhere else with high traffic volumes or pedestrians". He said after Motata's plea of not guilty the court went through a "significantly long trial". Nair said Motata's driver's licence would not be suspended -- even though there was an option to do so -- as he needed to travel to complete work on the circuit court.  CONTINUES BELOW He said Motata was a first time offender. "He stumbled and it is a pity ... "Judges, magistrates ... to laymen are all equal before court," said Nair. He then asked Motata to rise, which the sombre-faced judge did. "You are sentenced to a fine of R20 000 or 12 months' imprisonment," Nair said. After a short adjournment, court resumed with Nair explaining that the defence had approached him in chambers to ask for the chance to appeal for the fine to be deferred as well as to apply for leave to appeal. The court heard the deferment application immediately, with Tokota asking that Motata be allowed to pay the fine in four instalments of R5 000 each. Nair, however, ruled that Motata could pay R10 000 by the end of October and the other R10 000 by the end of November. Prosecutor Zaais van Zyl said Motata had a right to appeal. "It's only ordinary criminal law procedure." The state would oppose the application, he said. The date of the application is expected to be decided early next week. "It's very difficult for him to pay" Earlier, Tokota argued in mitigation of sentence that Motata was "not in a position" to afford the payment of a fine. "It's very difficult for him to pay if he gets a fine." He said legal fees, which already amounted to close to R1-million, would be Motata's fine. "He's gone through that heavy fine, legal fees were enormous." If a fine was given, Tokota asked for the fine to be deferred. Questioned by the magistrate, Tokota said Motata did not have to pay for repairs to his Jaguar S series which he crashed in the incident. He said while Motata had not worked during the trial, he had been remunerated. Tokota said judges like Motata earned very low salaries. "The salary that he earned ... is very low. I don't even consider going to the bench. "I earn more than 10 times what they earn," said Tokota. "Maybe I should come over to your side," quipped magistrate Nair. At one stage, Tokota also pleaded with Nair to finish the sentencing by Wednesday, because he said defence costs were "no less than 40 000 a day". However, when asked by reporters after court ended -- if an appeal would not cause Motata to suffer from more financial problems -- Tokota said there was a distinction between having financial problems and being financially drained. "It has drained him financially. I didn't say he is suffering financial problems. "You have to pay a lot of money, the question of whether you have the money is something else." Asked whether Motata was concerned about reports that his job might be under question, Tokota said: "We are all concerned." However, he said this had "nothing to do with the trial or merits. "What is in drunken driving? There is nothing impeachable in it as far as we are concerned." Tokota said despite the appeal process, Motata wanted to return to work. "He still wants to go back to work ... it will depend on the authorities" Tokota also said accusations that Motata had lied in court were false. "The judge was never found lying. He never gave evidence. There is not evaluation of his evidence ... There can't be any findings. He is entitled to plead not guilty." Tokota said the defence had no regrets that Motata had not testified. -- Sapa TOPICS IN THIS ARTICLE
Comments
Now we have a judge with a criminal conviction.
Les Wil on September 9, 2009, 2:24 pm
He has difficulty to pay a fine, yet he continues a court case that costs him R40,000 for a day in court. I hope in the next case they will see this as aggravating circumstances that he has no remorse for the disgrace that he brought to his profession.
Peter Inkotha on September 9, 2009, 2:24 pm
One would hope that some sense will prevail.
Peter Inkotha on September 9, 2009, 2:26 pm
If he cannot afford the fine.... how is he affording the appeal? And if he cannot afford the fine, then he must do the time.... just like any other convicted criminal out there.
Alan Ashcroft on September 9, 2009, 2:36 pm
what is worse a judge with a penchant for the juice, or a judge who's shenanigans over the past few years have the potential to destabilise the hard-fought constitution and the rule of law ?
I rest my case !
Kevin Busby on September 9, 2009, 2:52 pm
Alan Ashcroft is absolutely right. By planning to appeal yet again, Motata provides another good reason why he should be barred from the Bench. Such an appeal would be abuse of the legal system yet again. He is no fit person to try others.
Dick Corner on September 9, 2009, 2:56 pm
Les Wil
It's hard to resist a comparison to the case of Big John, however superficial (the comparison, that is). Motata was tried, convicted and sentenced in a court of law. Unfortunately for Motata he wasn’t properly connected, which may have led to his undoing. If he were, his case may well have gone the other way or as is actually the case in the Hlophe matter, no way at all.
Swordfish ;) on September 9, 2009, 3:17 pm
well, there is an option if he doesn't have the money to pay a fine. jail. buh-bye.
Tokunbo Olowokandi on September 9, 2009, 3:25 pm
I do feel sorry for the judge and feel that he has been grossly misadvised by his legal team. There is, however, light at the end of the tunnel. Should Hlope, for example, preside over the appeal hearing, not only will the previous judgement be set aside, but Motata's financial worries will be over as well as he will be handsomely compensated for the injustices done to him over the past two years.
izak van rooijen on September 9, 2009, 3:27 pm
YOHH, what now. Judge Motata why?. Kanti ngubani u-Tsotsi guyz.Every body nguTsotsi la-eMzatnsi. But what has happened happened. Tata Motata pay the fine and be free.
Mbulelo Dyasi on September 9, 2009, 3:40 pm
Dick Corner
I doubt that Motata will be granted leave to appeal, but he has the right to do so. The court hearing his application will have to decide if there is a reasonable prospect that a higher court will come to a different conclusion. If his application fails, he can always petition the High Court.
Swordfish ;) on September 9, 2009, 3:44 pm
http://www.mg.co.za/article/2008-08-07-barend-strydom-testifies-in-boeremag-trial
Uhuru Africa on September 9, 2009, 3:57 pm
See what happens if you give those white monkeys a fredom of speech.
Uhuru Africa on September 9, 2009, 4:01 pm
The Judge should be allowed to try these legal evenues that he normally recommends to criminals that appear before. That way he will have first hand experience of the legal system of the Republic.I wouldnt advise him to appeal, he must just let by-gone be.I must say I like his never say die attitude. He knew even before the decision that, it may go against but he persisted. He must just find a new hobby.
Pogiso Mfoloe on September 9, 2009, 4:02 pm
Uhuru Africa
And your point is?
Swordfish ;) on September 9, 2009, 4:36 pm
Why does every issue in this country have to go to court for a few months. Why does this judge just accept that he was caught drinking and driving and accept his punishment? Its a pity we can no longer use the term "As sober as a judge"
Richard Daniel on September 9, 2009, 4:37 pm
In as much as I respect the rule of law, I feel sad for the learned judge more especially if he is going to be impeached by the JSC.Fine is nothing as he can work and earn more money if he wants.
Conviction for road offences where no one was injured should have any impact on the offender's career.We all bend the road rules and the system is not able to catch all of us otherwise, many will have no jobs by now. I think its time we look at the current system and review it if its not good. How many people are sidelined on the basis that they have previous conviction? Many of those convictions are road related convictions. Should a lobby group be formed to support the learned Judge, I will join in and support the judge.I dont have a problem with him paying fine but am against his impeachment.The man has suffered enough, its not like he hurt or killed someone for God's sake. I see other people are so happy for reasons hidden.Judges in the old regime were caught drink but only few knew as one would be hanged for terrorism if found leaking the story anywhere in the media. Viva Freedom, we can all talk now.
Roy Mnisi on September 9, 2009, 4:41 pm
May be. He might yet be a judge. But when he, drunk (and convicted), pours our of his crashed car and says to polite police 'f*ck whity", one wonders what sort of justice he will give. Why not just pick a real judge? "F*ck whity" sounds a bit racest, even from a total drunk. Seems like he was using his position as judge to get out of a sticky jam. This is the voice of South African Justice. Get used to it.
David Hurst on September 9, 2009, 4:45 pm
His attorney is charging him more than a million rand for a drunk driving case?! The judge obviously doesn't realise that he's been ripped off! Then the attorney has the cheek to suggest that his client paying his outrageous account is akin to being "punished" by society. The fine is R20000. If he can't afford it... prison... 12 months... like the magistrate said.
Marius de Kock on September 9, 2009, 5:35 pm
Uhuru Africa- You are the hope of the world - another world, maybe Mars.
fred sevillano on September 9, 2009, 5:56 pm
No wonder these legal okes earn such huge incomes. I mean, just check the enormous brainpower of Tokota:
"However, when asked by reporters after court ended -- if an appeal would not cause Motata to suffer from more financial problems -- Tokota said there was a distinction between having financial problems and being financially drained." If only I had a brain like that!
jaycee van rooyen on September 9, 2009, 6:44 pm
Jonh Mnisi
Who cares if the man has suffered, if he had admitted he was guilty then and shown some remorse maybe we would be reading different news by now. may he would have been appointed to advice Sisulu who seems to be loosing it as well. Lets see whats coming tommorrow on Justice system. what happenned to Siphiwo Siphiwo he's another reason I luv SA.
LuthAndo Mackinzie on September 9, 2009, 7:11 pm
SADC not protecting mugabe?
*Chuckle* Sure.
Sinudeity @gmail.com on September 9, 2009, 7:41 pm
The mind boggles. This villain is a public example of moral decreptitude and of today's tendency to scoff at the rule of law. Now the blighter wants to appeal! Incredible.
Is that the kind of dross that SA needs in the judiciary? (Mind you, he's far from alone, and he and Hlophe should make a good pair in future - sharing a cell in Polsmoor perhaps, or a shanty on a guano island if they get sentenced to deportation.)
Citizen Mntu on September 10, 2009, 12:42 am
How come he only get a R20000 fine ? Last year my brother was found guilty of drunk driving and had to pay R45000 ????
Mind Bender on September 10, 2009, 8:34 am
Whats the saying: Sober as a Judge LOL
Gareth V on September 10, 2009, 12:17 pm
His lawyer says: "He is not happy". And that's the bottom line. A sad chappie. Confess and move on Motata! Stop the lying. The rest of your life will be better for it.
pete ess on November 20, 2009, 11:37 am
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