JOHANNESBURG – Former estate agent Vicki Momberg was able to differentiate between right and wrong at the time of a racist incident, the Randburg Magistrate’s Court heard on Monday.
On 3 February 2016, Momberg, 48, was caught on camera using abusive and racist language towards police officers, after they tried to assist her. Momberg was visibly upset. She had been a victim of a smash-and-grab and the court heard that she was caught on camera using the K-word 48 times.
On Monday, Prosecutor Yusuf Baba read out a medical report that was submitted by Momberg’s psychiatrist during the equality court proceedings, which said she had a psychological condition at the time but had the ability to differentiate between right and wrong.
Mon NewsDay Vicky Momberg says she's apologised to people offended by a video of her, in which she apparently used the K-word 48 times.— Jeremy Maggs (@maggsonmedia) May 22, 2017
Advocate Joe Davidovitz interrupted and said Momberg was not in the condition to discuss such matters as she was not an expert.
“It’s a simple question that doesn’t need a rocket scientist. It’s what her psychiatrist put down. Did she understand the consequences of her actions and the psychiatrist says she did,” Baba said.
She disagreed with the statement that was made by her psychiatrist during the equality court proceedings.
#VickiMomberg Defence is done. Now the state grills Momberg. She says she's not a racist, majority of her clients were of colour.— KhayelihleKhumalo (@KhayaJames) May 22, 2017
Earlier, Baba questioned whether she was remorseful because of her laughing behaviour during the equality court proceedings, where she was censored by the magistrate as she was seen smirking while one of the officers testified.
Baba asked Momberg how she expected one of the constable’s she shouted racial slurs at to sweep it under the carpet. He also asked her why she smirked during the constable’s testimony in the equality court hearing.
#VickiMomberg Lawyers say Momberg has a psychiatric condition and wants no cameras in court.— KhayelihleKhumalo (@KhayaJames) May 22, 2017
“It’s on record that she was censored by the court whilst the constable was giving evidence,” Baba said.
He then put it to her that her defence was non-pathological criminal capacity, which meant she did not understand the seriousness of what she was doing.
#VickiMomberg's lawyer Joe Davidowitz says Miss Momberg was acquitted in Durban and this can't be admissible. Prosecutor objects.— KhayelihleKhumalo (@KhayaJames) May 22, 2017
Earlier in the proceedings Baba played the video footage and reminded Momberg about her comparing black people from Durban and those from Johannesburg during a phone call at the scene.
He later put it to Momberg that a witness testified and never mentioned seeing broken glass on her vehicle and said that there was no receipt of her having to replace the broken window.
Momberg presented the receipt from the repair that she made on her vehicle following the smash-and-grab incident.
Later she told the court that she was suffering from short term memory in general and found it hard remembering certain things in her everyday life.
#VickiMomberg Magistrate thanks Miss Momberg and she leaves the witness stand and heads back to the accused box.— KhayelihleKhumalo (@KhayaJames) May 22, 2017
Baba reminded Momberg of her giving an apology in the equality court via an affidavit.
“I watched the video and didn’t condone my behaviour. It’s not something I’d wish on anybody,” Momberg said.
“I’m speaking from my heart and my apology is on a broad spectrum. I imagine in time that he will understand where I was coming from.”
The matter has been postponed to May 25, to give her counsel time to secure more witnesses.
African News Agency