Drama as Momberg lashes out
From Page 1
Yesterday, proceedings began with an application by eNCA to broadcast the judgment proceedings live, which was vehemently opposed by Davidowitz who claimed that his client’s livelihood and safety would be at stake if the proceedings were broadcast.
When Rugoonandan asked for the reasoning, as media reports on the case had been published at the majority of court appearances, Davidowitz was unable to provide much more detail. When the magistrate granted the application, Momberg stormed out of the court during the break allocated to allow the news team to set up their cameras.
During the break, Momberg re-entered the courtroom and told the journalist that she would be suing eNCA for “false reporting” before approaching the network’s lawyer, Ofentse Nkgwang, outside the court, presumably to complain about the perceived sleight against her.
Just prior to the start of the proceedings, Davidowitz had to leave the room to ensure his client returned. When proceedings began, he had been instructed to ask for an hourlong postponement to allow Momberg to “compose” herself and to allow time for another attorney and journalist to attend the proceedings. Unimpressed, Rugoonandan denied the request.
In her judgment, the magistrate detailed how Momberg had been involved, in February last year, in an alleged smashand-grab, a n d began her string of abusive comments with three 10111 call centre operators. Repeatedly calling them “useless k*****s”, “black bastards” and telling the female operator she was an incompetent “bitch”, she eventually cut off contact with the operators, who had recorded her calls. She drove into a shopping complex, where she confronted another black officer who she also verbally assaulted. It was footage of this incident, taken by one of the officer’s colleagues, that made her infamous on social media last year.
Rugoonandan said each of the four officers had felt the use of slurs against them had not only been hurtful, but had dehumanised them.
Mombe r g ’ s defence of sane- automatism, or non-pathological incapacity, focused on her emotional state after the smash-and-grab robbing her of her senses.
According to her legal team, Momberg was in such a state, possibly to the point of a nervous breakdown, that she had no understanding of the words she was using, meaning she did not have the intent to harm the dignity of those around her.
A medical expert for the defence, Dr Walter Ward, said she was probably unable to remember the situation, and also was supposedly unable to distinguish between attackers and those trying to help her.
But the magistrate said she was unconvinced by this argument, and that the prosecution had pointed out Momberg’s lack of amnesia due to her ability to drive, contact friends and family between the respective incidents.
The magistrate said Momberg had offended and hurt the four complainants and was aware of the harm she was doing.
She cited constitutional case law decrying the k-word as one of the most notorious words in South African history.
Momberg was found guilty on all four counts. During a brief adjour nment for the State and defence to discuss a date for sentencing, Momberg vanished. Meant to return by 11.15am, the court could not convene as Davidowitz struggled to contact her.
When she did retur n, Momberg claimed her lawyer had told her to only be back at 11.30am, and the magistrate let the issue slide.
Before postponing the case until the end of this month, she warned Momberg not to leave Gauteng without permission from her investigating officer.