COUNT 21 & 21 - SEXUAL ASSAULT

Claudia Kraukamp (‘Kraukamp’), born on 14 May 1995 and the complainant on counts 20, and 21 testified, inter alia, as follows:

[a] She met the accused through a friend of hers that was his modeling student. They communicated on BBM, as he had obtained her details from facebook. She subsequently attended a test shoot which resulted in her entering into a contract with the accused. She was 16 years old.

[b] Sometime later during 2011, she attended another photo shoot at the accused’s residence. Her mother had dropped her off at the residence of the accused in Kempton Park, after being told by him that she could leave.

NOTES: ACCUSED

• According to the photos she only did one photoshoot at my house in Kempton and that was the Angel and Daemon shoot,

I have not ever told a parent before that they should or could leave.

[c] She was dressed in a mini dress and they initially sat in the lounge. As a result of a query, the accused advised that she could leave her shoes in his bedroom. They both then went to his bedroom. The accused then sat on the bed and she was standing in front of him. The accused then lifted her dress and put his hand on her thigh and pubic area; it was underneath her underwear. He thereafter pulled her onto the bed in such a manner that they were lying next to each other. Whilst the accused was holding her, the domestic worker appeared and told him that the other models had arrived. The accused then looked at her and got up.

NOTES: ACCUSED

• This is a lie, I never touched Claudia in an inappropriate manor. • I did not have a domestic working for me,

it was a 1 bedroom cottage and I was working from the cottage at the time. [d] She and the other models accompanied the accused and his team mates to his cricket match, after the angel and demon photo shoot, in order to render support to the accused. This was at the request of the accused. The other models departed at 20h00 and she remained until midnight. She returned with the accused to his residence, as her mother was fetching her.

She entered his residence in order to collect her handbag. Whilst standing at his glass door, the accused held her tightly on her waist and kissed her on her lips. The kiss lasted for approximately one minute. She left thereafter.

NOTES: ACCUSED

• She and the other 2 models did go with me to the cricket, She left the action cricket with a friend not with me.

• She was a smoker, she had her handbag with her at the cricket, this is proof that she never come back with me.

• I never kissed her and I did testify that I would never kiss a person that smoke and

I have never at one go kissed a person for 2 minutes before.

received an amount of R 3000,00 or R4000,00 from her mother to pay the accused, for printing calendars that she would appear in, for the year 2013. She subsequently received calendars from the accused, which did not contain any photographs of her, but off other models.

She questioned the accused about the calendars and he responded that she would have been in the calendar if she were at the photo shoot. In addition to the calendars, the accused owed her photographs from seven photo shoots.

NOTES: ACCUSED

• This is correct, she did pay the money to be part of the calendar, she never pitched up and we still had expenses as it was a non-profit calendar for the SAAF. It was budgeted to the cent. She was responsible to pitch up for the shoot and she didn’t. I cannot be held responsible for a model if they book and pay and is a NO SHOW.

NOTES: ACCUSED

• See attached Calendar (PDF)

[f] She requested the accused for her refund. Approximately a year later during 2013, and in pursuance of the aforementioned request her mother and her met the accused at the Mugg and Bean to once again discuss the refund. The accused indicated that he would return the money as soon as he could; further that he was busy at that stage. Despite such undertaking the accused did not return the monies to her.

NOTES: ACCUSED

• I do not ever recall discussing refunds with the mother.

[g] She told another model Jessica about the incident where the accused put her hand under underwear and later informed her mother, as well. She made such disclosure to Jessica who believed that there was something going on between this witness and the accused. Jessica had informed her that she loved the accused and thought that he also loved her.

NOTES: ACCUSED

• This is related to Kayla Kemp

[h] She stated that she had only received photographs from her test shoot and that she had requested the photographs from the accused before the expose on Carte Blanche and before his arrest.

NOTES: ACCUSED

• She did receive all the photos from shoots we did, include shoots she did not pay for.

This was handed in as evidence

[i] She testified that the accused had at a certain stage come to her home and told her mother that he wanted to marry her and insisted. Her mother told him that she was too young and she treated it as a joke.

NOTES: ACCUSED

• I was invited for supper, she was smoking and still a minor, I always told her mother she shoot stop, she said she can’t make her, maybe if she marry a guy one day that would not like it he can get her to stop, I made a joke and said ill marry her and then

I can tell her to stop, they were both into the joke and still made a fake “marriage certificate” that was all over by the time I went home.

[j] She stated that she had absolutely no reason to lie about the incidents that she testified about and further that she would benefit absolutely nothing from lying about the accused.

[k] She further agreed that she would not have been in court had it not been for the intervention of Carte Blanche. However, she was never forced to testify against the accused. Further that she had a fairly decent relationship with him.

Jona Petronella Lubbe (‘Lubbe’), the mother of Claudia Kraukamp testified, inter alia, in respect of counts 22 and 23 as follows: (duplication)

[a] That she had first met the accused at bootcamp when Kraukamp was modeling for the accuse

[b] She recalled the incident when she paid an amount of approximately R 4000,00 to the accused for photoshoots and calenders that featured Kraukamp. She did not receive a receipt, despite requesting same on numerous occasions; and the accused made an excuse each time.

She requested the calendar on numerous occasions from the accused, who continually made excuses, inter alia, that the printers were busy with the calenders. They never received the requested calendar from the accused.

NOTES: ACCUSED

• Again, she was not in the calender, the calenders was printed and distributed to the models and given out at the SAAF

Airshow. I still don’t understand what calender she is asking for as Claudia did not do the calendar.

[c] She stated that her daughter made a report to her regarding an incident wherein the accused pulled her to the bed and tried to insert his hand under her dress.

NOTES: ACCUSED • Here the mom testify “I tried” it did nit happen but their stories does not line up.

[d] She confirmed that she and Kraukamp had met with the accused at the Mugg and Bean in order to discuss the outstanding photographs and calendar. Page 44 [e] She stated that the accused indicated to her that the photographs required to be edited, however they did not receive any of the photographs. She confirmed having seen some of the photographs on his computer. However, she was of the view that the delay was unnecessary and unacceptable. At no stage, did the accused ever indicate that he had difficulty in providing them with the photography.

NOTES: ACCUSED

• They did come and choose the photos that I did edit and gave to her through Facebook.

That in essence concluded the evidence of the 9th witness, Lubbe.

JUDGMENT DEFENSE EVIDENCE

[o] Counts 20 and 21 (Kraukamp): He confirmed that the witness had attended at his residence in Kempton Park, for a photoshoot called Angel and Demons. He denied ever putting his hand underneath her underwear, as alleged in count 20. He admitted that she had attended the cricket match in the company of other models. However, he denied that she had returned with him to his residence after the match.

NOTES: ACCUSED • Correct, she did not come home with me.

He stated that she received the photographs from the first photoshoot. The calenders were given to the witness, who had to sell them in order to cover the costs and the expenditure in relation to such calenders.

NOTES: ACCUSED

• NO, she could not have sold the calenders, she was not in it. She was part of it but did not pitch up.

He denied that he had met Lubbe and Kraukamp at the Mugg & Bean, as testified to by these witnesses . He stated that they had

met at his offices and Lubbe had requested him if they could get some photographs from the photo shoot. He told Lubbe, who was his friend that he would send her photographs, once he had edited them. He cannot recall if he had edited the photos and had given them to the aforementioned, as he gave first preference to his paying clients, above others. Exhibit “LL” was handed in by the defence containing pictures of Kraukamp. The accused stated that he had obtained these from her facebook page.

He denied that he ever had any intention to defraud the complainant, as per count 22.

NOTES: ACCUSED

• Her mother is a singer, they come to my house to look at the photos and discuss some event where they wanted me to be part of. I never met them at Mugg & Bean

[ee] He was unable to provide any explanation as why the contents of Exhibit “LL” were never put to Kemp {CLAUDIA) during her cross examination. He confirmed that he had joked with Kemp in the presence of her mother and step-dad. He confirmed that he enjoyed a good relationship with Kemp and that they were friends on facebook. He was adamant that she was lying to the court when she testified about the incident where he put his hand in her pubic area. He concluded that the only reason that she has come to lie is due to the fact that she has been motivated by Carte Blanche. In addition, adding that she has come to court to fabricate a version against him, and did not know as to what she would gain by making such allegations against him.

JUDGEMENT

[49] The complainant Claudia Kraukamp testified in respect of counts 20, 21 and 22 against the accused. She gave her evidence in a clear and concise manner and cannot be unduly criticized in respect of her testimony. She stated that the accused had initially placed his hand on her thigh and pubic area, whilst they were lying on his bed. Later that day he kissed her on her mouth. She testified that her mother had paid an amount of money as per the indictment and despite this fact she did not receive her photographs. Her evidence in respect of the fraud was corroborated by her mother Petronella Lubbe – the complainant on count 23. It is clear that the fraud was not perpetrated against Kraukamp, but against her mother. The evidence of Lubbe was satisfactory in all material respects and I have no reason to prefer the accused’s version over hers.

NOTES: ACCUSED

• Claudia said she was in the bed with me, the domestic walked in, there was no statement or testimony from this “Eye” witness. It is a lie. She still after that “incident” stayed with us, do the angel and daemon shoot, still go to cricket with me and not a word was said to anyone. Then she tells her mother and they did not go to the police? It never happened and I know Pienaar tested her on this and her mother and it was clearly a lie.

• I do not have transcript to show what was asked.

PALAVER CONCLUSION

We assessed this evidence, and it was hard to follow a crime as claimed by the State and Court.

So much is lacking here from the Stateside. The onus of proof is on the State to prove a crime was committed. In this matter, all the State had was the witness’s word; nothing was proven. The court did not consider the facts. We have no idea how this charge even made it to court.

It was such a water-downed matter that it was disgusting to see that a person is accused of so many changes from one person. I can only

give my honest opinion why; it had nothing to do if the accused did commit a crime. The State’s intend was to accuse him of enough criminal charges for the public, media and court to picture him as a criminal before the court case started. It was to influence the court and use the public opinion through the media to convict him before the court got to that, and it worked.

This is a disgrace

#CivilMatter #NotGuilty #PublicOpinion