Goitseone Ditogo, who was driving the vehicle that was hit by the vehicle driven by allegedly drunk High Court judge, fumbled in court when asked to give evidence on the events of the evening in question. Omphemetse Motumise (defence lawyer for Tshosa) was cross-examining Ditogo who at one time kept quiet, causing the lawyer to ask the presiding magistrate to note that the witness is refusing to answer questions.
Ditogo was first asked to estimate the distance between his car and Tshosa's vehicle when he first saw it (Tshosa's vehicle), before the accident occurred but he refused to do so. He again refused to give estimates of how far apart his vehicle and Tshosa's were after they collided saying that he was unsure. However, Motumise would have none of it and said that on Tuesday, the witness had no problems making estimates. He wondered why the witness was now hesitant to give estimates, "or is it because of the presence of the tape measure?", he asked.
