The state would like to see Vicki Momberg serve time in jail for her racial outburst. On 20 March, closing arguments for sentencing were heard at the Randburg Magistrates’ Court. She was found guilty on four counts of crimen injuria after using a k-word on a black police officer, Constable Richard Mkhondo.
It was later found that Momberg also hurled racial insults during a 10111.
In its arguments for sentencing, the state said Momberg’s matter was the worst form of crimen injuria that has been dealt with in the entire country.
“The accused used the k-word 48 times to various complainants and witnesses,” said prosecutor Yusuf Baba who added that what Momberg did was a direct violation of the constitutional rights of the victims as entrenched in the Constitution.
Baba went on to tell the court that Momberg showed no remorse for her actions, pointing out that this was an aggravating factor. “A remorseful is unlikely to repeat the commission of an offence. Nothing in the pre-sentence reports suggests that the accused feels remorse.
“The pre-sentence report confirms the demeanour of the accused and her feelings towards blacks, so much so she even traumatised the only person who was assigned to assist her in compiling a report to court for purposes of sentencing.”
The prosecutor said the state would like to see Momberg sentenced to direct imprisonment with no option of paying a fine.
On the other hand, the defence said it doesn’t believe incarceration will be an appropriate sentence. Advocate Kevin Lawlor for the defence said Momberg must get treatment and not punishment. Lawlor said prison will not address the underlying issues related to Momberg’s psychological mental issues.
He pointed out that the court must bear in mind that there was no premeditation in the commission of the offence.
Lawlor said his client didn’t wake up and choose that she will hunt down black police officers and subject them to this crimen injuria.
The advocate highlighted that Momberg had the outburst following an intense life-threatening crime. Lawlor explained that shortly before the outburst, Momberg was nearly hijacked and as she was still trying to deal with the attempted hi-jacking, she was a smash-and-grab victim. He further pointed out that during the outburst, Momberg was in an emotional storm and lost control of what she was saying, adding that she was not in a normal state of mind because of the significant stress she had suffered.
Lawlor pleaded with the court to show mercy and leniency in its sentence. He also said all four counts must be taken into one sentence. The defence recommended that Momberg be handed a fully suspended sentence for five years and also be referred for psychiatric treatment at an institution duly authorised by the state for a period of a year. Lawlor didn’t go into details whether Momberg must receive the said treatment as an out-patient or in-patient.
Magistrate Pravina Rugoonandan has postponed the case to 28 March when sentence will be passed.
Related articles:
10111 calls see Vicki with four more charges
K-word is just a swear word – Vicki Momberg
Vicki Momberg found guilty of crimen injuria
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