Johannesburg - The Randburg Magistrate's Court on Tuesday, heard of the severity of Vicki Momberg's crimen injuria charges and how they were an infringement on the dignity of the police officers and 10111 operators that she sworn at and called the derogatory K-word.
In February, Momberg, 48, was caught on camera calling a police officer the K-word while he was assisting her following a smash-and-grab incident in North Riding, Johannesburg. At her previous appearance, the State said Momberg was seen on the video using the K-word 48 times.
While delivering his heads of argument on Tuesday, Prosecutor Yusuf Baba told the court that crimen injuria consisted of the unlawful, intentional and serious violation of the dignity or privacy of another.
"If one calls someone a k****r, they will be injuria," Baba read from a judgement from a case from 1976.
"The term is derogatory, is offensive to blacks and causes humiliation."
Momberg sat in the dock in a baby blue jersey with her head down.
Baba read his arguments which said that she was charged with four counts crimen injuria for insulting police officers and 10111 operators, by calling them "useless k*****s", when they were attempting to assist her after she was reportedly involved in a smash-and-grab incident earlier on in the evening of February 3, 2017.
Baba told the court that Momberg's defence was that she was suffering from "temporary non-pathological incapacity" following the alleged smash-and-grab incident and that she was traumatised and did not intend to insult or be derogatory towards anyone.
"She was heard saying 'am I speaking to a f*****g k****r again' when she called 10111 a number of times," Baba read into the court record.
Baba continued to read the testimony of one of the State witnesses from the 10111 operating office, where she said Momberg said "f*****g b***h" when she answered her call, which made her traumatised and offended because she did not know what she had done to wrong Momberg.
"Because the words were used a number of times, it meant they were intentional," Baba continued.
The State called a total of nine witnesses in the matter.
When giving her testimony during the trial, Momberg said that she did not see the face of the person who allegedly smash-and-grabbed her, but she remembered that it was a black person.
"She feels that there was tampering of the video footage," Baba further read.
In her testimony, Momberg said: "As far as I know I was lashing out at everyone, but, it's words I could have said".
Baba said during cross examination, Momberg said that she didn't understand how she could have used the K-word so many times and it could have been exaggerated.
"This witness likes to make innuendo and remarks but when questioned about it she retracts," Baba told the court.
Baba said that the testimony of Dr Walter Ward, in support of Momberg, could not be trusted as he did not know the criminal responsibility act, did not have qualifications as a psychiatrist and felt that Momberg did not have criminal responsibility for her actions. He also added that the two had known each other for many years due to business reasons.
"I made the point very clear that I have no suggestion or recommendation on what should be done as I am not an expert on that," Ward had said while giving his evidence to the court during the trial.
The matter continues.