Mfundekelwa Mkhulisi

Mfundekelwa Mkhulisi

The drunk driving trial of Pretoria high court judge Nkola Motata has been postponed to March 9 to allow his defence team to make an application for the case to be dismissed.

The state closed its case against Motata last Thursday. The defence was expected to apply for his discharge late yesterday.

However, magistrate Desmond Nair told Motata that after discussions with the defence and state counsel, the date for application for a discharge would be March 9.

The state would then tender its reply the following Monday. On March 23, Motata's advocate Danie Dorfling will be given an opportunity to respond to the state's reply. Nair will make a ruling on April 2.

Motata is charged with driving under the influence of alcohol on the night of January 06 2007. He crashed his vehicle into the perimeter wall of a Hurlingham property, allegedly while drunk.

Nair said both the defence and counsel needed time to go through all the evidence given in court as the trial had gone on for 18 months.

"If the matter is theft involving R200, in the normal course of a criminal case the defence can bring an application at 9am. The state replies at 11am and the magistrate gives a ruling by 2pm," Nair said.

He said it would be difficult to follow the same process, hence the matter was postponed to March 9.

"This court will make a ruling on April 2," said Nair.