"The accused has been discharged of the alternative charge of driving with an excessive amount of alcohol in his blood. All other counts stand," Magistrate Desmond Nair said in the Johannesburg Magistrate's Court. He was delivering judgment on an application by Motata's lawyers for a discharge of all the charges against him.

Motata, 62, was charged with drunk driving in January 2007 after he crashed his Jaguar into the perimeter wall of Richard Baird's property in Hurlingham, north of Johannesburg.

The Pretoria High Court judge was facing two charges - one of drunken driving, the other of defeating or obstructing the ends of justice.

The charge of drunken driving included two alternative charges - one of having an excessive amount of alcohol in his blood and the other of reckless or negligent driving.

The second charge also included an alternative charge of resisting arrest.

Nair said after considering all the evidence before him, he "holds the view that one can't come to a conclusion that at this stage...".

It was his view that no evidence tendered could mean no evidence at all.

Motata, wearing a navy striped suit, a blue shirt and tie sat quietly in the dock with a bottle of water and a briefcase at his side. He alternated between looking up at Nair as he delivered judgment, and taking sips of water.

Motata would not testify in his defence as his lawyer Bantubonke Tokoto told the court they had closed their case.

State prosecutor Zaais van Zyl asked for a postponement to prepare for the final arguments and the closing of the State's case.

The case was postponed to July 16 for closing arguments from both the State and defence.

The matter had been dragging for over two years now and was delayed several times. This was partly due to a trial-within-a-trial to determine admissibility of the audio recordings of Motata, taken by Baird at the scene of the accident.

It was later ruled the recordings were admissible. In addition Motata twice changed his legal team.

Sapa

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