Vicki Momberg during a previous appearance in the Randburg Magistrate's Court. FILE PHOTO: ANA
Convicted racist Vicki Momberg has been released on R2,000 bail.
Momberg was back in court on Thursday to apply for bail after she was granted leave to appeal her sentence.
The Randburg Magistrate’s Court on Monday granted her leave to appeal her three-year sentence, with one year suspended, for her 2016 racist tirade.
The state had not opposed the R2,000 bail suggested by the defence, since Momberg had been behind bars for four months and had not been employed – so could only afford that amount.
The former estate agent was found guilty on four counts of crimen injuria in November 2017 after a racist tirade that 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.
During her bail hearing her lawyer objected to her being shackled, saying it impaired her dignity.
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.
This was 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 was vague.
State prosecutor Yusuf Baba read evidence that was provided during the trial to the court that he said were not grounds for the defence to apply for leave to appeal the sentence and conviction.
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