Johannesburg - One would think that after more than a year of criminal proceedings, Vicki Momberg would have learnt to behave in court.
On Friday, the Randburg Magistrate’s Court found Momberg guilty of four counts of crimen injuria for using the k-word 48 times against four police officers who were trying to help her after a smash-and-grab incident.
But the chastising judgment from magistrate Pravina Rugoonandan didn’t seem to curb Momberg’s courtroom conduct.
Not only did she spend a significant amount of time threatening an eNCA journalist with legal action, she had to be coaxed into the courtroom by her lawyer on multiple occasions - and before her case could be postponed, she vanished from the courtroom, holding back proceedings for at least 15 minutes.
Her conduct was unlikely to endear her to either the magistrate or the prosecutor Yusuf Baba, who apparently was pushing for potential prison time for the racist real estate agent - which would be the harshest sentence imposed on someone found guilty of crimen injuria.
Read more: #VickiMomberg found guilty of crimen injuria
It hasn’t always been outside court that Momberg has been seen acting out. She spent two days of proceedings earlier this year claiming that her lawyer Joe Davidowitz had failed her, had not argued correctly and that his colleague had been drunk during a telephone consultation with her.
Her tirade against Davidowitz continued until Rugoonandan intervened.
On another occasion, Momberg also had to be told to stop interrupting the presiding officer, who said Momberg needed to re-examine her behaviour while in the dock.
On Friday, proceedings began with an application by eNCA to broadcast the judgment proceedings live, which was vehemently opposed by Davidowitz who claimed that his client’s livelihood and safety would be at stake if the proceedings were broadcast.
When Rugoonandan asked for the reasoning, as media reports on the case had been published at the majority of court appearances, Davidowitz was unable to provide much more detail.
When the magistrate granted the application, Momberg stormed out of the court during the break allocated to allow the news team to set up their cameras.
During the break, Momberg re-entered the courtroom and told the journalist that she would be suing eNCA for “false reporting” before approaching the network’s lawyer, Ofentse Nkgwang, outside the court, presumably to complain about the perceived sleight against her.
Just prior to the start of the proceedings, Davidowitz had to leave the room to ensure his client returned.
When proceedings began, he had been instructed to ask for an hour-long postponement to allow Momberg to “compose” herself and to allow time for another attorney and journalist to attend the proceedings.
Unimpressed, Rugoonandan denied the request.
In her judgment, the magistrate detailed how Momberg had been involved, in February last year, in an alleged smash-and-grab, and began her string of abusive comments with three 10111 call centre operators.
Repeatedly calling them “useless k*****s”, “black bastards” and telling the female operator she was an incompetent “bitch”, she eventually cut off contact with the operators, who had recorded her calls.
She drove into a shopping complex, where she confronted another black officer who she also verbally assaulted.
It was footage of this incident, taken by one of the officer’s colleagues, that made her infamous on social media last year.
Rugoonandan said each of the four officers had felt the use of slurs against them had not only been hurtful, but had dehumanised them.
Magistrate Pravina Raghoonandan found Vicki Momberg guilty of four counts of crimen injuria. Video: Lindi Masinga/ANA
Momberg’s defence of sane-automatism, or non-pathological incapacity, focused on her emotional state after the smash-and-grab robbing her of her senses.
According to her legal team, Momberg was in such a state, possibly to the point of a nervous breakdown, that she had no understanding of the words she was using, meaning she did not have the intent to harm the dignity of those around her.
A medical expert for the defence, Dr Walter Ward, said she was probably unable to remember the situation, and also was supposedly unable to distinguish between attackers and those trying to help her.
But the magistrate said she was unconvinced by this argument, and that the prosecution had pointed out Momberg’s lack of amnesia due to her ability to drive, contact friends and family between the respective incidents.
The magistrate said Momberg had offended and hurt the four complainants and was aware of the harm she was doing.
She cited constitutional case law decrying the k-word as one of the most notorious words in South African history.
Momberg was found guilty on all four counts.
During a brief adjournment for the State and defence to discuss a date for sentencing, Momberg vanished.
Meant to return by 11.15am, the court could not convene as Davidowitz struggled to contact her.
When she did return, Momberg claimed her lawyer had told her to only be back at 11.30am, and the magistrate let the issue slide.
Before postponing the case until the end of this month, she warned Momberg not to leave Gauteng without permission from her investigating officer.