The Citizen (KZN)

No remorse key for Momberg

PLEADING GUILTY, APOLOGISIN­G NOT ENOUGH Public prosecutor says applicatio­n is fatally flawed.

- Amanda Watson amandaw@citizen.co.za

If convicted racist Vicki Momberg had shown true remorse, she may possibly have escaped her twoyear jail sentence on four counts of crimen injuria. She might also have avoided the order from the Equality Court to pay R100 000 to Constable David Makhondo, the police officer who was the target of Momberg’s tirade.

Speaking to The Citizen outside court, advocate Manni Witz said remorse was probably the most important part of any case when it came to sentencing.

“A recent Supreme Court of Appeal case, the state versus Matyityi, talks about penitence versus remorse. When you’re penitent for something, you’re truly remorseful, and they say when you’re truly remorseful you really have to take the court into your confidence and put yourself into their hands, and then the court can take this into account,” Witz said.

Simply pleading guilty and apologisin­g was no longer enough, Witz said.

Randburg Magistrate’s Court magistrate Pravina Raghoonand­an noted while sentencing that Momberg had not shown remorse.

Momberg has chewed her way through at least three lawyers – Nardus Grové, Jenna Clark, and Joe Davidowitz – and is now being represente­d pro-bono by attorney Kingdom Onah and advocate Kevin Lawlor, who is bringing her appeal against her conviction and sentence.

Senior public prosecutor Yusuf Baba tore into Momberg’s applicatio­n, saying it was fatally flawed and must be dismissed.

Bringing a motion before proceeding­s started, Baba said her applicatio­n – prepared by Lawlor – was a “diatribe of 17 pages criticisin­g the judgment, analysing it entirely incorrectl­y”.

Lawlor based Momberg’s appeal against her conviction on several points. These included that Raghoonand­an had erred and misdirecte­d herself on accepting the evidence of the state in totality. –

 ?? Picture: Yeshiel Panchia ?? BID FOR CLEMENCY. Convicted racist Vicki Momberg sits in the dock at the Randburg Magistrate’s Court yesterday during a sentencing appeal hearing.
Picture: Yeshiel Panchia BID FOR CLEMENCY. Convicted racist Vicki Momberg sits in the dock at the Randburg Magistrate’s Court yesterday during a sentencing appeal hearing.

Newspapers in English

Newspapers from South Africa