Pretoria High Court judge Nkola Motata's lawyer has rejected an
application by the prosecution to lead a new witness in Motata's
drunken driving trial.
Arguing in the Johannesburg Magistrate's Court on Thursday, defence
advocate Danie Dorfling said introducing a new witness late in the
trial would prejudice his client.
Prosecutor Zaais van Zyl indicated his intention to call such a
witness, whose existence he only got to know of last week.
"The accused objects to such evidence being presented to this
honourable court, as this would infringe the accused's right to a fair
trial, as envisaged in Section 35 of the Constitution of the Republic
of South Africa, 1996," Dorfling said.
He said the unidentified witness would further prejudice Motata as
they had been privy to media reports on the case.
"While this is the case with most witnesses who testified, the said
witness has never written an affidavit which could have been used to
test them in court.
"We don't have the luxury of testing the first statement and this
will infringe on the accused's right to a fair trial," he said.
It was not yet known who the witness was and Van Zyl said an
application would be made later for that witness to testify in camera.
He requested that the trial be stood down for Monday, so he could
consider Dorfling's argument and study some of the international
documents Dorfling referred to in his argument.
The trial will therefore continue on Monday.