The state has questioned the grounds on which the defence in the Vicki Momberg case is appealing against the sentence and conviction.
Momberg was found guilty on four counts of crimen injuria and sentenced to an effective two years’ jail sentence.
On 11 April, Momberg was back before Magistrate Pravina Rugoonandan at the Randburg Magistrates’ Court to launch a leave to appeal application, which the state is opposing.
READ: Vicki Momberg’s legal team requests more time to prepare
State prosecutor Yusuf Baba asked the court to dismiss the application.
He said the application was defective in that defence Advocate Kevin Lawlor failed to articulate clearly what the basis of their application was.
In its application, the defence questioned the authenticity of the video that formed part of the evidence that was used during the trial.
The defence said the magistrate erred in accepting the video in which Momberg was captured, uttering racist remarks.
Lawlor said the court never tested if the video was never tampered with and that it was authentic.
In response, Baba said the authenticity of the video was established by the person who took the video.
“This argument is flawed and this aspect was never raised, ” Baba said.
The state maintained that the application by the defence is flawed and fatally vague.
On agreement by both parties, the case was postponed to 18 April in order to allow the defence time to submit supplementary papers.
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