Judge Nkola Motata has failed to have the drunk-driving charge against him thrown out of court.

This morning Joburg magistrate Desmond Nair found that there could be enough evidence to convict the judge of drunk driving, should he not take the stand in his own defence.

While acknowledging that there were problems with the analysis of Judge Motata's blood after he crashed his Jaguar into a garden wall in 2007, Nair found that the audio and visual recordings of Judge Motata's alleged drunken rantings required some answer from the judge.

"With the recordings found to be admissible and other exhibits handed in, I cannot come to the conclusion that there is no evidence against the accused."

Nair discharged Judge Motata on an alternative charge of driving with an excessive amount of alcohol in his blood - a finding seemingly based on problems with the analysis of the judge's blood.

On January 6, 2007, Judge Motata crashed his car into a wall on the Hurlingham property of businessman Richard Baird.

Judge Motata told Baird that he was prepared to pay for the damage to his wall, but the businessman called the police. Judge Motata was arrested and released on R1 000 bail. The court battle has lasted more than two years.

With acknowledgements to Cape Argus.