Motata 'has not paid a cent'

Businessman Richard Baird says he has not received a cent from judge Nkola Motata, who smashed into his wall five years ago.

Baird said yesterday he did not understand the motivation behind Motata's latest court bid, to stop the appointment of a judicial tribunal to investigate allegations of misconduct against him.

Baird questioned why the suspended judge had not brought this application immediately after his 2009 conviction for drunken driving and before his application for leave to appeal.

Baird said he had initially suffered damages of R4500 when Motata - who claimed to have been taking a short cut home after drinking only two glasses of wine and a few coffees - crashed into his property, but said the damages bill increased to R10 000.

He also incurred legal bills of about R50000 as a result of the January 2007 crash.

In recordings played in court, Motata repeatedly told Baird he was willing to pay for the damaged wall, "whether drunk or sober".

But Baird said yesterday: that "Clearly he was not sober because I have not received even a cent from him till today. Now how's that for somebody who wants to go back to the bench and work?

Baird said he had been hurt when Motata had tried to discredit him as a racist. Motata's attorney, Simeon Ngomane, was not available for comment yesterday.

In a letter in response to the article yesterday about Motata going to court, Baird wrote: "Dear Judge Motata. You WERE very drunk. I know, I saw you and I was the receiver of your abusive language and ways.

"This was corroborated by witnesses in court and you were convicted as such.

"After having sat contently at home, you now do a 180-degree "reverse" just as you did through my wall on January 6 2007. Is this the delay tactic that some say it is, in order to secure your pension?

"If it is, with that money, perhaps you could be so honourable as to finally cough up to pay for the damage that you caused. This despite my prior correspondence to you in this regard."

Baird continued by asking Motata whether he viewed a request from the Judicial Service Commission for answers on the matter as serious enough for his attention.

Baird said Motata was confused about details of the accident.

"To inform you in this regard, the gates are open only on weekdays 6am to 9am.

''You inaccurately stated this easily verifiable fact as 9pm to 6am. You went on to say that you use this road frequently as a short cut. That is a surprise as you were going [against] the flow of traffic

"Further, what would you supposedly be doing at 6am in Hurlingham, which is in the opposite direction from where you live in Woodmead and work in Pretoria? . due to the legendary heavy traffic you probably would, not have made it to work by 8am.

Baird said Motata tried to coerce the metro police not to arrest him.

"You revealed your intent in the first few seconds of the audio . it is astounding the court interpreter 'succeeded' in not including this in the transcript.

"Had this been known by the court, there is a high probability some of the other charges might not have been dropped."