Palaver Report-De Villiers vs. State

about her evidence) • L. For the court to say he cannot criticise Kayla’s evidence after all the contradictions, lies and memory loss where she was caught out lying is prove that the Judge had no longer the interest of justice in interest, rather the sensation of persecuting me and imprisoning me to make a point out of me as stated in the Judgment.

• M. This statement is shocking – Resolute - firmly resolved or determined; set in purpose or opinion. She did not want to proceed with the charges. She was scared she would be caught out lying. I do not see how the court could come to this at all!!

LIES NOT MENTIONED IN THE JUDGMENT 36 NOTES: ACCUSED 1. Page 175 – Said she had to walk around in her bra in the studio if she tells her mother she will let her stop her from doing modelling, that it is okay of the other people see her it will not be the first time. 37 2. Page 176 – She asked her uncle to bring her to the academy because her mother did not have a car; that is false; her mother drove a Ford. Her uncle was never at the studio. Then she said she could not ask her uncle to bring the bikini because they were not close – this uncle did not have a name, nor did the State call him to testify. She also said that her father picked her up, so they don’t have a car, yet he had a car to pick her up after the rape, yet her uncle 38 must bring her to the studio.

3. Page 178 - She blames the BRA for the rape; it is because of the BRA that I alleged raped her. If she had only walked in a bikini top, the rape would not have happened. 39 4. Page 179 – She claimed her UPPER body was bent over the armrest of the couch, this while I held her TWO hands with my ONE hand and with that position still managed to get a condom out of my pocket, put it on with ONE HAND and rape her. The court did not mention that if I had a condom in my pocket, the rape must have been planned? So why would I walk with a condom in my pants pocket? 40 5. Page 182 – She said while I pushed her upper body over the armrest holding both 36 The accused took the time to study the judgment in preparation for his Leave to Appeal; based on this, we will not verify his claims to see how accurate he was with his argument all along.

37 Fact, but more importantly hearsay.

38 FACT, FACT FACT - well observed.

39 Fact, but more importantly hearsay. She did not provide the court with the bra or a description of it, not was there any photos of her in a bra.

40 FACT De Villiers vs State - Palaver Report - PAGE 97