Momberg claims to be victim in race case

Vicki Momberg

Vicki Momberg

Published May 23, 2017

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Vicki Momberg, the subject of a 2016 viral video in which she spouted racial slurs at police officers, has said the footage that incriminated her had been tampered with.

She is facing four counts of crimen injuria, as her trial continued yesterday at the Randburg Magistrate’s Court.

“I’ve watched the video and listened to the recording, and there’s definitely some form of tampering, it’s obviously evident from the video,” Momberg said. “I don’t understand how I could’ve said this. It seems like it’s been exaggerated.”

She said she thought the footage had been edited because “the video does not flow like a normal video”. However, she said her lawyer, advocate Joe Davidowitz, had counselled against that line of argument.

Outside of proceedings, Davidowitz declined to comment about the alleged tampering. Instead, he said their defence strategy was “sane automatism”, which exists when a person commits a crime under circumstances that make their actions involuntary. This could occur if they were subjected to stress so significant that it inhibits cognitive function.

“My client is a victim, too,” Davidowitz said.

During testimony, Momberg echoed the sentiment that she is the forgotten victim in this case. “If anyone was affected, I feel sorry for that, but if they knew what I was going through, I hope they’d understand.

“From what I can see from the video, I lashed out really badly. It’s something anybody’s going to do.”

When asked if she’d used the k-word before, Momberg said: “I don’t think many people use that term. I don’t think it’s something any of my friends or family use on a daily basis. It’s certainly not something I’d use in a social setting.”

When pressed if she used the word herself, Momberg said “definitely not”.

Prosecutor Yusuf Baba argued that Momberg used the word 48 times that night.

“I don’t consider myself a racist,” Momberg said. “I don’t think of this as a racist situation. This was a trauma situation.”

Momberg added that when she was employed, a majority of her clients were people of colour. She said while that evening she told police she did not want a black person near her, she could not recall any other incidents where she professed a racial preference.

Baba asked Momberg about a similar case in Durban in 2006, when she was charged and acquitted for crimen injuria. Courtroom testimony from that case alleged that Momberg asked to be assisted only by Indian, white and coloured people at a police station. Momberg said the incident “did not ring a bell”.

Momberg paused for almost a full minute before answering her lawyer’s question about the reaction online after the video went viral. Through tears, she recounted rape and death threats, as well as a message about witchdoctors she found particularly disturbing.

“People even called me the k-word,” she said. “I understand where it’s coming from.”

During testimony about Momberg’s mental state, Baba read from a report submitted by a psychiatrist to the Equality Court. He said the report made it clear that Momberg “was, at the time of the offence, able to differentiate right from wrong”.

Momberg said Baba was misconstruing the report, and implied that she wanted the doctor to testify. Her lawyer seemed to disagree. The court was adjourned and will resume on Thursday.

@annawaters2018

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