Vicki Momberg has been granted leave to appeal her prison sentence by the Randburg Magistrate’s court.
The former estate was found guilty of four counts of crimen injuria in November 2017 after a racist tirade which saw her use ‘the k-word’ 47 times when speaking to a police officer who was attempting to help her after she was the victim of a smash-and-grab incident.
Crimen injuria is defined as a wilful injury to someone’s dignity, caused by the use of obscene or racially offensive language or gestures.
Senior public prosecutor Yusuf Baba confirmed that Momberg’s lawyer would meet him to finalise the details of the appeal and said an application for bail, pending the appeal would also be discussed.
Momberg was sentenced in March to three years imprisonment with one year suspended for racially abusing the officer.
“Respect for one another is sacracent, we are all human beings,” said Magistrate Pravina Raghoonandan while handing over her sentence at the time.
“This case has become public interest and while some may think the sentence is harsh … It must send out a clear message for people who use the K-word.”
She said she viewed Momberg’s actions as intentional as the police officer was merely doing his job when she verbally abused him.
READ MORE: Vicki Momberg denied leave to appeal
This is her second application attempt at earning the right to appeal. The first was denied in April.
At the time, the state argued that the application for leave to appeal by her defence was “defective” and should be dismissed because it is vague.
State prosecutor Yusuf Baba read evidence that was provided during the trial to the court which he said were not grounds for the defence to apply for leave to appeal the sentence and conviction.