State calls for Vicki Momberg to be jailed
20 March 2018
Johannesburg – Former real estate agent Vicki Momberg should be sentenced to direct imprisonment, without the option of a fine, the State has argued in the Randburg Magistrate's Court.
Momberg was found guilty of four counts of crimen injuria on November 3 in connection with a racist tirade, which started when she lashed out at a black police officer who had helped her after an alleged smash-and-grab incident in Northriding, Johannesburg in 2016.
In a video clip that went viral, Momberg could be heard complaining about the "calibre of blacks" in Johannesburg.
Presenting his closing argument, State prosecutor Yusuf Baba told the court that Momberg's was the worst crimen injuria case the courts have dealt with.
Baba quoted from a 2014 case, Prinsloo v State, in which the Supreme Court of Appeal stated that the word k****rs was racially abusive and was used in its injurious sense.
"The State wishes to submit that the pre-sentence report confirms the demeanour of the accused (Momberg) and her feeling towards blacks, so much so that she even traumatised the only person who was assigned to assist her in compiling a report [for the court] for purpose of sentencing," Baba said.
"It is my submission that a suitable sentence is direct imprisonment without the option of a fine," Baba said.
'Fuelling the fire'
However, defence advocate Kevin Lawlor countered that sentencing must be fair and balanced.
Lawlor said, after falling victim to a smash-and-grab incident, Momberg was not in a normal state of mind and went into an "emotional storm".
"She was vulnerable and alone at night. She was victim to a crime," Lawlor said.
He added that his client felt there was a misunderstanding and a lack of security after the incident.
Lawlor also submitted that Momberg's anger turned into rage after she did not receive police assistance.
"It was fuelling the fire."
'No premeditated intentions'
Lawlor asked for Momberg's to be sent for rehabilitation instead of direct imprisonment.
"She [Momberg] requires treatment rather than punishment. She had committed herself to express general remorse," he said.
"It is my submission the accused person had no premeditated intentions to hunt down police officers that night."
Magistrate Pravina Rugoonandan asked Lawlor what he thought the appropriate sentence was.
"It is my submission that, despite what I have heard and seen on video, the court should give a fully suspended sentence of five years on condition that the accused [Momberg] attend psychiatric treatment for a year," he said.
Sentencing is to take place on March 28.
