Mfundekelwa Mkhulisi

Mfundekelwa Mkhulisi

The trial of Pretoria high court Judge Nkola Motata seems to be going one way, with a state witness claiming amnesia.

Metro police officer Moatlhodi Madibo told the Johannesburg magistrate's court yesterday that he could not remember most of the things he had said during a trial within a trail in July.

"I request that you don't ask me a lot of things that I can't recall," he told defence counsel Danie Dorfling.

Madibo, 46, became emotional when Dorfling pointed out to him that it was impossible for him and a colleague to receive a radio message at 2.50am and arrive on the scene at 2.50am.

Madibo responded: "It depends on how you are driving. I did not stop at the robots because I had the siren on."

Dorfling also reminded Madibo that on Wednesday he had said he had not heard anyone swearing at the scene - but yesterday he said he had heard Motata say "f*** you".

Madibo said he suffered from memory loss after being involved in a car accident in December and having spent spent eight months in hospital. He said he had given the prosecutor a doctor's certificate.

Pretoria chief magistrate Desmond Nair warned Madibo about the importance of his testimony.

Madibo said: "I'm not trying to be funny or anything. Even tomorrow I am going for a check-up."

Madibo was seen shaking his head violently and sometimes hit it with the palm of his hand as if to wake himself up.

Motata is on trial for drunken driving and defeating the ends of justice.