The State has asked the Randburg Magistrates Court not to hear convicted racist Vicki Momberg's leave to appeal her conviction and sentence.
The convicted racist was found guilty of four counts of crimen injuria after she racially attacked a police officer in 2016.
A video of her rant went viral, sparking widespread outrage.
On Wednesday the court found that her legal team's argument was not convincing enough, and have given until Friday for new arguments to be brought before the court.
Kingdom Onah, Momberg's legal representative talks to Aubrey Masanga.
Our reasons for appeal in conviction...refers to the fact that she has misdirected herself by accepting the audiovisual evidence of the State of having been proved beyond reasonable doubt.— Kingdom Onah, Momberg's legal representative
Onah says if the State has not complied with the burden of proof,
The burden of proof lies with the State...They have to prove the authenticity of these tapes, of these visuals.— Kingdom Onah, Momberg's legal representative
Masango questions this, saying the State had legally submitted the evidence.
Onah says his team became involved only at the conviction and sentencing stage.
I have read the (court) record. The previous attorney did not admit to the admissibility of that evidence. the record states that. It is very clear.— Kingdom Onah, Momberg's legal representative
The case was not proved beyond a reasonable doubt, he says.
Take a listen to his argument below:
This article first appeared on 702 : [LISTEN] Momberg's lawyer: 'The case was not proved beyond a reasonable doubt'