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Motata counsel objects to 'witness'

By unknown | Oct 24, 2008 | COMMENTS [ 0 ]

Mfundekelwa Mkhulisi

Mfundekelwa Mkhulisi

Pretoria high court judge Nkola Motata's defence counsel has rejected the state's intention to introduce a new and unidentified witness.

"The accused objects to such evidence being presented to this court since it would infringe the his right to a fair trial," senior counsel Danie Dorfling said yesterday.

The defence did not have adequate time to prepare a defence against the new evidence, he said.

He also questioned the timing of bringing the unidentified witness to testify since she would prejudice Motata after having been privy to media reports on the trial.

"The right to a fair trial should always be the factor determining whether such evidence should be admitted," he said.

"If the admission of such evidence during the trial would lead to the infringement of Motata's constitutional right to a fair trail, such evidence should not be allowed."

Motata is on trial for drunken driving and defeating the ends of justice after an accident i which he allegedly crashed his Jaguar into the wall of a Hurlingham property in January last year .

The trial was postponed to Monday.


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