Court hears tape of judge swearing
http://www.dispatch.co.za/article.aspx?id=220497 [2008-7-4]
Tag : Digital Camera Mate
A RECORDING of Judge Nkola John Motata swearing at the businessmanwhose wall he crashed into – allegedly while drunk –was played to the Johannesburg Magistrate’s Court yesterday.
"We’ll repair the damage, it’s not aproblem,” the judge was heard telling businessman RichardBaird’s tenant in the recording Baird made on an I-Matecellphone.
"However, he (Baird) must not degrade me. No boer is goingto undermine me, f*** him. He mustn’t insult me, f*** him, Idon’t care.” The court was able to hear five audio recordings – all madeat the scene of Motata’s car accident in Johannesburg inJanuary last year – following a Pretoria High Court rulingthat dismissed the judge’s application to stop the disputedrecordings from being played. Baird made the recordings on his cellphone and then downloaded theclips to his computer. Setswana and Sesotho could be heard spokenon some of the recordings and magistrate Desmond Nair had to callin interpreters to translate. Motata, dressed in a black pinstriped suit, hardly looked up as hemade notes on the recording transcripts.
In the first recording, Judge Motata accused Baird of calling hima “drunken k*****”. “What did you (Baird) saywhen I got out of my car? You said this drunken k*****,” thecourt heard. “They think they have apprehended me, withsomething they know. My children ... this used to be the whiteman’s land, even if they can have more land ... South Africais ours, we are ruling South Africa,” Motata was heardsaying.
The court heard how metro police at the scene pleaded with Motatato calm down and “leave Baird alone” as he swore athim.
Motata was also heard demanding his car keys back and swearing.“Someone took my keys ... the village white fellow must tellwho took my keys ... F*** you... I don’t have to co- operatewith you (metro police).” During cross examination, defence advocate Danie Dorfling queriedthe origin and quality of the recordings, and said IT law expertProfessor Dana van der Merwe would be brought to court to give hisadvice.
The court heard the recordings were an “encryptedversion” stored in a working folder on Baird’s laptopon September 23 last year. Dorfling argued that an earlier copy of the recordings was storedin a “first generation” folder on September 27, 2007.
He questioned the manner in which Baird took the recordings.“Why was the digital camera clip replaced by the cellphonerecordings,” he asked.
Baird said he started recording the events immediately after thecrash on his digital camera, but quickly switched to his cellphonebecause the camera’s flash was not working. Motata, presently on paid leave, was charged with drunk drivingand defeating the ends of justice after smashing his Jaguar intothe wall of Baird’s Hurlingham, Johannesburg property. Thetrial continues.
A RECORDING of Judge Nkola John Motata swearing at the businessmanwhose wall he crashed into – allegedly while drunk –was played to the Johannesburg Magistrate’s Court yesterday.
"We’ll repair the damage, it’s not aproblem,” the judge was heard telling businessman RichardBaird’s tenant in the recording Baird made on an I-Matecellphone.
"However, he (Baird) must not degrade me. No boer is goingto undermine me, f*** him. He mustn’t insult me, f*** him, Idon’t care.” The court was able to hear five audio recordings – all madeat the scene of Motata’s car accident in Johannesburg inJanuary last year – following a Pretoria High Court rulingthat dismissed the judge’s application to stop the disputedrecordings from being played. Baird made the recordings on his cellphone and then downloaded theclips to his computer. Setswana and Sesotho could be heard spokenon some of the recordings and magistrate Desmond Nair had to callin interpreters to translate. Motata, dressed in a black pinstriped suit, hardly looked up as hemade notes on the recording transcripts.
In the first recording, Judge Motata accused Baird of calling hima “drunken k*****”. “What did you (Baird) saywhen I got out of my car? You said this drunken k*****,” thecourt heard. “They think they have apprehended me, withsomething they know. My children ... this used to be the whiteman’s land, even if they can have more land ... South Africais ours, we are ruling South Africa,” Motata was heardsaying.
The court heard how metro police at the scene pleaded with Motatato calm down and “leave Baird alone” as he swore athim.
Motata was also heard demanding his car keys back and swearing.“Someone took my keys ... the village white fellow must tellwho took my keys ... F*** you... I don’t have to co- operatewith you (metro police).” During cross examination, defence advocate Danie Dorfling queriedthe origin and quality of the recordings, and said IT law expertProfessor Dana van der Merwe would be brought to court to give hisadvice.
The court heard the recordings were an “encryptedversion” stored in a working folder on Baird’s laptopon September 23 last year. Dorfling argued that an earlier copy of the recordings was storedin a “first generation” folder on September 27, 2007.
He questioned the manner in which Baird took the recordings.“Why was the digital camera clip replaced by the cellphonerecordings,” he asked.
Baird said he started recording the events immediately after thecrash on his digital camera, but quickly switched to his cellphonebecause the camera’s flash was not working. Motata, presently on paid leave, was charged with drunk drivingand defeating the ends of justice after smashing his Jaguar intothe wall of Baird’s Hurlingham, Johannesburg property. Thetrial continues.
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