Vicki Momberg’s lawyer ‘to claim rant video tampered with’

Vicki Momberg is back on the streets after she was granted bail yesterday ahead of her appeal against her conviction and effective two-year jail sentence for crimen injuria for using the k-word.

Momberg repeatedly used the slur in 2016 against a black Johannesburg police officer.

Her lawyer, Kingdom Onah, now has 15 days to submit his heads of argument to the High Court in Johannesburg about why his client’s conviction and sentence should be overturned.

It’s understood Onah will claim the video showing Momberg’s racist rant was tampered with; that she had no intent to harm as she was in shock at the time; and that insufficient weight was given to her medical report by Dr Leon Fine, which found the accused was suffering from sane automatism (temporary insanity) at the time of the incident.

This is the same report that found Momberg could tell the difference from right and wrong, which she disputes.

In the Equality Court’s judgment of Clement David Mkhondo, the SA Human Rights Commission and V Momberg, it was noted that Momberg could easily differentiate between Mkhondo’s white colleague and Mkhondo, against whom she had directed her rant.

The judgment reads: “The video footage depicts clearly the reactions of the respondent and what can be viewed from there is that she was in a sense of mind capable of distinguishing between the first applicant and his colleague, Warrant Officer Van Heerden, who happened to be a white police officer.

“When she engaged with him, she was also able to distinguish and announce racial or ethnic classifications, and to state from whom she wanted assistance … and also to compare the perceptions of black people from Durban and those from Johannesburg.

“Given her opinion on such a comparison, she states what she is likely to do with a black person if she had a gun or she were in a car. She states that, and I quote, ‘I hate the f*****g bastards’, and admits all of this.”

In the Randburg Magistrate’s Court yesterday, Onah complained on behalf of Momberg being shackled. The shackles were subsequently removed.

Momberg used the k-word no fewer than 48 times during her recorded racist rant against Mkhondo.

In her bail application, Onah noted his client had no source of income after being in jail for three months and was relying on her pensioner parents. Momberg was eligible to apply for parole in two months’ time after having served nearly one-sixth of her sentence.

The state did not object to unconditional bail, set at R2 000. She must return to court on November 5.

– amandaw@citizen.co.za

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