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Minister of Cooperative Governance and Traditional Affairs Des Van Rooyen. Picture Credit: Gallo Images
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Judge Motata's appeal rejected

By Mfundekelwa Mkhulisi | Oct 30, 2009 | COMMENTS [ 0 ]

PRETORIA high court judge Nkola Motata has failed in his bid to have a judge in the high court listen to his appeal.

Presiding magistrate Desmond Nair yesterday said that after carefully considering the grounds set out for appeal he did not believe another court would come to a different decision.

"The grounds are insufficient and not solid enough to take leave (to appeal) further. So the application is dismissed," Nair said.

Motata's lawyer Bantubonke Tokota SC had argued that Nair had erred in finding Motata guilty of drunken driving.

"The learned magistrate attached undue weight to the audio recordings and photographs of the accused to the prejudice of the accused in that he disregarded or paid little or insufficient weight to the evidence by State witnesses," he said.

Tokota also said Nair allowed his observation "to cloud his mind" to the extent that he rejected other witnesses' observations.

Nair said it was not right if a magistrate, just because his view was being questioned, allowed a matter to go to a higher court.

Speaking to Sowetan after the dismissal of the application Tokota said he would be guided by Motata on what steps to take.

"We will consult the judge (Motata) and take instructions from him. He is the one to decide what to do next," Tokota said.

He said he could not rule out the possibility of a petition. Motata, 62, was fined R20000 or 12 months' imprisonment for drunken driving and has spent R1million in an attempt to fight the allegations.


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