COUNT 3 & 4 - RAPE & SELF SEXUAL GROOMING

Kayla Kemp (‘Kemp’), the erstwhile pupil of the accused and complainant on counts 3 and 4, currently employed in the freight industry, testified, inter alia, as follows:

[a] Kayla stated that she was born on 02 June 1995 and that she was a modelling pupil of the accused, whom she met during August 2010 (1). She subsequently attended his studio and commenced modelling classes after that. She was 15 years old when she began her modelling lessons and in Grade 9. (2)

Transcripts Pg 76 Para 1 - You informed the court that you had met Dawie De Villiers, the accused in this matter, in August 2010, in Kempton Park.

Transcripts Pg 76 Para 1 - He told me I must come to his modelling studio in Aston Manor House, and I convinced my mom to go with me. My mom had my baby brother and sister. Dawie told my mom that she needed to get out because the smoke machine would be bad for my brother and sister. But, then, my mom told him …

This was the first day she met with me during the week, and it was just an interview with her and her mom in the studio. The studio was an OPEN PLAN STUDIO; there were no other rooms besides the toilets outside. She refers to a smoke machine that was on and cautioned her mom not to be in the studio because of the smoke machine? There was no smoke machine in the studio, and she was clearly confusing this first appointment with her rape allegation.

She is also talking about a photoshoot on that day; there was no photoshoot, ONE photo was taken for her account profile.

On page 151 of the Cross-examination, she also told Pienaar that Dieter took photos at the studio.

Transcripts Pg 77 Para 2 We had modelling classes on Tuesday and Thursday nights. Born in 1995 – Met in August 2010 – She was 15 and 1 Month – Testified in 2015 – She was 20.

[b] She continued with her lessons for some time. She recalled an occasion when she was informed by the accused of a ‘disco shoot’ that was taking place at Aston Manor House, Kempton Park, during the evening. (3)

3. Transcripts Pg 77 Para 2 Dawie told me that we had got a photoshoot, a bikini photoshoot on one particular night. So, I arranged with my mom because we did not have transport at that time. But, I arranged with my mom so that my uncle could take me

NOTES: ACCUSED: • Here Kayla testified that it was a bikini shoot, yet it was a disco shoot.

Transcripts Pg 167 Para 1 (CrossExamination) And he specifically, according to you, or inform you that this will be a bikini shoot. --- Correct.

There is no doubt in your mind about this? --- No. He told me, he wanted to take more because, at the camp, he did not catch my photos because [indistinct]. 1

NOTES: ACCUSED: • The issue here is, the camp did not take place yet; it only took place six months after the accusation of rape… here are a few problems with this evidence.

• It was not a bikini shoot, and it was a disco shoot.

1 It is, in fact, pure speculation and a lie. We took a look at when the “Disco Shoot” was in relation to the available data of the shoot in the Freestate aka Calendar Shoot or Camp, and it is evident that the Disco Shoot was on the 2nd of September 2010. The Camp or Calendar Shoot was from the 11th to the 13th of February 2011. According to the Defense Counsel, this information was dealt with during the accused Chief Testimony. This is a lie by the witness. The Defense of the accused asked the witness if she was 100% certain that the shoot at the studio was a bikini shoot. However, it was a theme shoot relating to disco themed photos, and the witness justified her lie by referring to a shoot the accused did not even do.

• I was not the photographer at the camp; it was DIETER; there was no way I could have told her I needed more bikini photos as I had never done any bikini shoots with her. So I was not involved with photography at all that weekend.

• The camp was also not just a bikini shoot, and it was for a calendar.

• This is clear that she is making up the rape.

Cross_examination Page 112 Para 4 - MR

PIENAAR: Well, I find that very difficult to believe, Ms Kemp. --- It was either Geraldine or Tanya. I cannot remember which one. And do I understand you correctly that you wanted photos back from Dawie? --- Yes. What kind of type of photos? --- Yes. We were taking disco photo shoots. 2

NOTES: ACCUSED: • To Pienaar, she admitted that she was in the disco shoot, so the rape did not occur because she never left. Her chief evidence she said she went before the shoot happened, as illustrated in point 11 below.

During her cross-examination on page 169, the last paragraph, she was tested about why she did not put a regular top on as it was cold, but here she gave a reason why the focus needs to be on the time aspect. “Was it still winter when you went there, for the shoot, the bikini shoot? --- No. Because we did a photo camp, bikini shoot about a week before and the weather was nice. So, no, I do not think so.” 3

2 TThe witness told the Defense Advocate that she wanted photos from the disco shoot, and when she was asked what kind of photos, she confirmed the photos were, in fact, disco photos. This in itself is creating massive gaps in the testimony of this witness; she testified first it was a shoot in the evening which was bikini photos, although the accused the photographer at a camp. Furthermore, the camp only happened six months after the alleged disco shoot, so according to the witness, she had to get more photos done from a shoot that had not happened yet? 3 TThis was a massive fail from the witness. The disco shoot was in the summer (September). So, if the witness testified that the rape took place a week after the camp, this did not happen at the disco shoot in September 2010. The rape then must have taken place on the 17th of February 2011. • There was no camp before the rape! The camp took place in FEB 2011. If the rape had taken place a week after the camp, she

would have been raped in late FEB 2011. There is no proof of this, and I did not see Kayla after the camp again.

[c] She arrived early and observed that no other models were present at that stage. The accused instructed her to wait upstairs whilst informing her that the other models were running late. (4) He then played music,(5) whilst putting on the disco lights and smoke machine. (6) 4

4. Transcripts Pg 79 Para 3 So, when I got there, there were no models, and yes, I was

That then would not be possible as the photos of the disco shoot clearly show the shoot did happen on the 2nd of September 2010; therefore, it is impossible to assume the rape, according to the witness, did happen a week after the camp as there was no shoot of that kind in 2011. That in itself is completely messing up the rape charge. 4 This part of the witness testimony is causing a lot of doubt. The accused know that models and parents are on their way to the studio. He confirms this with the witness. He does not go up with the witness as he instructs her to wait upstairs. He must have then met her outside or at the bottom of the entrance. She goes up, and he eventually goes into the studio to play music. They both are still waiting for the other models to arrive. According to the witness, he does not only put on music, but he also put on disco lights and the smoke machine. We looked and assessed the photos of all the models at the disco shoot, and not in one image can we verify that there was a smoke machine or disco lights. This contradicts the evidence of the witness completely. PAGE 39

NOTES: ACCUSED: • She testified that there were no other models and that they were running late; this was 02 September 2010 (Thursday), a school day, so it was after school, she lived in Edenvale, and with traffic and distance, it was common cause she must have arrived at around 15h30. \

5. Transcripts Pg 79 Para 3 Yes, Kayla? --- So, he put on some music, and I went to get changed.

NOTES: ACCUSED: • There was two double 18” Speaker that we used for events. We used the sound system during training evenings. They can go extremely loud. It is important to note that this studio was in a Corporate office block; no noise was accepted during the day until 7 pm. Top View of Studio – Next to us was a

Stationary store, with other lawyers and accountants. No way the music could have been loud for other people to hear it. 5

6. Transcripts Pg 79 Para 3 MS PERSAD: Yes, Kayla? And then what happened? --- So, when I went to get changed, he put on some music. He put on disco lights and a smoke machine.

NOTES: ACCUSED: • There was no disco lights or smoke machine in all the photos handed in as evidence.

This is an unverified accusation.

[d] Kemp returned to the room where the photo shoot was going to take place, dressed in her

5 This is a verified fact. We contacted the offices and asked the policy regarding noise from tenants, and they told us that no noise, including music that another tenant can hear, is permitted until 18h00. This is punching more holes into the witnesses testimony. If she had only arrived at the studio around 16h00 to 16h30 and left by 17h15, the accused could not have put music on to disturb the other tenants. Furthermore, it is still unclear who told the witness to change into a bikini. How did she know what to change into if it was a disco shoot and not a bikini shoot? PAGE 40 bra, bikini bottom and skirt. (7) The accused then told her to sit on the couch next to him. She duly obliged, whereupon the accused put his hand on her leg and began kissing her. She told the accused to stop. (8) The accused responded by saying to her that he was only doing what was right whilst pushing her onto the couch’s armrest. (9) 6 7. Transcripts Pg 80 Para 1 I wore my bra. had a bikini top that had a clip at the back. As I fitted it on, it popped. So, I was in Yes, Kayla? --- And then, I still had my bikini bottom on. Then, I walked …[intervene]

NOTES: ACCUSED: • We provide the court with the photos taken from the laptop in and during court with the supervision of the state advocate, Mr

Pienaar and the police officer.

• The photo (See Attached) was where Kayla wore a PINK TOP and BLACK PANTS.

There are no photos of Kayla with a Bikini.

The clothes she wore for the disco shoot were the theme, not a bikini.

• She said the bikini ‘CLIP’ broke and had to use her BRA; as a professional photographer, there would have been no way to shoot a “BIKINI SHOOT” where a model where two different clothing items in the first place.

• She added that she had a SKIRT on with

6 The witness testified that she changed into a bra, bikini bottom and a skirt. She then sat on the couch opposite the open studio door, and he kissed her, which led to the rape because the accused said he did what was right. Just reading that part of the testimony is not making sense. I am going to put it in perspective. The accused play music. The witness got dressed while they were waiting for the models as they were running late already. That is cause to believe that those models will arrive anytime in the next few minutes. The witness, with a bra, went and sat next to the accused and put his hand on her leg. She does not jump up or question him. The accused then start to kiss her and, out of his own, justify his actions before he raped her, telling her he is doing what is right. Without her resiting with an open studio door, he then forces her over the arm rest of the couch? None of that is making sense! We observe that the accused must be stupid or brave and had no worry about raping a minor, getting caught in the act, and going to prison.

IMPORTANT FACT

• Kayla gets to the studio by 15h30; it is a disco shoot where she is asked to shoot in a bikini; she later said that after the rape, which to her version was before the models got there around 5 pm. Yet she told the

State that she was only in one shoot, the

Disco Shoot of which she didn’t do because she left before the shoot started, yet later she contacted VAN WYK complaining she didn’t get those photos and that she was raped. • The photos clearly show that she did participate in this shoot and that she did not leave by 5 pm as per her RAPE claim; she left before 9 pm.

• It is clear in the photos of the Disco Shoot that

1. She was there and did not leave by 5 pm

2. She did not wear a skirt, bikini with a bra

3. There was no disco lights or smoke machine

4. There could not have been noise and;

CLEARLY, HER RAPE VERSION ON THIS ALONE IS NOT POSSIBLE

8. Transcripts Pg 80 Para 3 MS PERSAD: Yes, Kayla? And then? --- And then, at that time, there were still no models coming for the photoshoots. Then, Dawie told me, I must come and sit on the couch, next to him. Yes, Kayla? --- So, I did. Then, he put his hand on my leg. And then …[intervene] COURT: Sorry. Hold on a second. The accused then put his hand on your leg. Is that what you said? --- Yes, My Lord. Okay. Just take it easy and take it slow. MS PERSAD: Okay. Kayla, and then, what happened? --- Then, he started kissing me. I told him, Dawie, stop, Dawie, stop.

• Kayla said she sat next to me where I placed my hand on her leg, kissed her, and she twice told me to stop. Pienaar did test her on this… First So, the music was not loud? --- It was loud. But, we were sitting next to each other. It was loud. Were you shouting? Were you shouting at each other to hear what the other one was saying? --- Well, we were raising our voice, so it is, yes. Are you sure about that? --- Yes.

NOTES: ACCUSED: • Kayla was adamant that the music was loud, so loud that we could, according to her evidence, not have a normal conversation.

Transcripts Page 183 Para 2 But, there is a, Ms Kemp, there is a big difference between talking and raising voices. You see, you are only saying this now because I am, with all due respect, I put it to you. I am busy putting you in a corner now. This is why we are raising, and you are saying this now. Any comment on that? Do you agree with me or disagree with me? --- I agree with you, Sir. 7

NOTES: ACCUSED: NOTE: Here, Kayla admits she makes things up when Advocate Pienaar put her on the spot. Pienaar pushed her to point out a very important lie during her cross-examination, again see the TIMING.

Transcripts Page 185 & 186 You never, or yesterday, you said to us that you screamed, stop, stop. --- I did scream, stop, stop. Yes. Sorry? --- I did, yes. Did you scream, at the top of your lungs …[intervene] --- No …[intervene] For him to stop …[intervene] --- Not at the top of my lungs. No. Why not? --- Because there is no point of screaming on top of my lungs. COURT: Sorry? What was the answer? --- There was no point in screaming on top of my lungs. MR PIENAAR: Why not, Ms Kemp? --- Because no one was going to hear me. MS PERSAD: My Lord, I did not get the last

7 The witness was explicitly asked if the music was loud, she was adamant it was loud, and the State Advocate questioned her, and the witness, without hesitation, replied with a “yes”. The Defence Advocate tested her, and she eventually admitted to Mr Pienaar that she was lying. This was not the first lie she was telling. PAGE 41

bit. Because? COURT: Because nobody would have heard me. There was no point. MR PIENAAR: For starters, for starters, people downstairs? --- It was at night. No, no, no. You arrived there in the afternoon, you told us. --- Ja. Late in the afternoon. When I left, it was dark. (a) No. I am not talking about when you left. I am talking about now this incident on the couch. People downstairs could have heard. --- No one was there. I do not think so. No one was ever there when we had classes. It was the time when we had classes. (b) Are you guessing this now, that none of them was ever there, downstairs? Are you saying people were not working …[intervene] --- I am not saying …[intervene] After five o’clock …[intervene] --- I said, I do not think anyone was working …[intervene] (c) Yes …[intervene] --- Because when the Dawie said the photoshoot is between our class time. That was our class time, and there was no one; we had classes before that. There were no people there when we had classes. (d)

Madam, Ms Kemp, with all due respect, you told us that the classes were in the afternoons. --- Yes. I think it started at five or half-past five and ended at about seven. (e)

Another person that might have heard, if you shouted at the top of your lungs … [intervene] --- No. There was music … [intervene] Is the security guard at the gate …

8 The Defense questioned the witness by asking when she claimed the music was loud. The witness was caught out and pushed into a corner, and she assumed that at the time of the music before the rape, the people working in the office park had left already. This is causing a significant problem with the witness account of the rape. She testified, and according to her, she left before any model arrived. She testified that it was already dark, that is not true. The witness left the studio before the tenants in the office park. It could not have been dark. It does not get dark at 17h15, and if it was dark, she must have been at the studio still just before 19h00. If she was there, then the other models must have arrived already and then there are no ways the witness and the accused was alone. The witness is not telling the truth, which is a massive issue with her testimony. PAGE 42 [intervene] --- No. There was music and all. The office and the security thing is way, and it is far.

No, Madam. It is not. I put it to you it is 20 metres, as the crow flies. What do you say to that? --- To me, it is far. Okay. So, we have got it now, and you did not scream at the top of your voice. You only said to him, stop, stop. --- Yes. (f)

NOTES: ACCUSED

• Here she contradicts herself, and she told the court that she left before 5 pm, now she said she left when it was dark… In

September in Gauteng, it only gets dark at or around 6 pm. So if she left before 5, it was not dark at all.

• She claims she did not scream that I should stop because no one would have heard; this is a massive contradiction.

• It was a weekday, and the people worked until roughly 6 pm

• She said no one was there during classes, it was not the question, and she said she did not scream at me to stop as I kissed her before the actual rape, yet she confuses herself and talks about when people are not there when we have classes. This is proof that she was not raped and made this up.

There is nothing precise or accurate about her statement.

• She assumes that no one was working on a perfectly normal working day. It is irrelevant to her not screaming for help; she did not scream because the rape did not occur.

She had to make it believable but got her facts wrong completely.

• Again she is contradicting herself, and she said the shoot was after the class, which makes my version accurate; the shoot did take place after the class, which started before 8 pm, during the classes accordingly to Kayla she was not there because she said that her dad picked her up before anyone arrived. The classes started at 5h30pm, and she left already. She was already raped and left; how could she know what happened during or after the class? If she was there, other models were there, and everything she claimed is false. The rape could not have taken place, and we

• The proof we handed in shows Kayla was indeed in the Disco shoot, and that evidence proves that she was not raped.

This evidence was not dealt with by the

Judge at all. • This confirms my version and shows that

Kayla was never raped or even alone with me. • Here she changed her version (lie) that she screamed, now I only told her. This again

contradicts her claims about the music being loud. Because it never happened, we were not alone, as she claimed, and the rape could not have taken place.

Kayla was a terrible witness, and she kept changing her story to the extend where she admits to Advocate Pienaar that she is making things up when she is pushed into a corner. So how could this Judge say she was good, reliable and precise in her testimony ??

Transcripts Page 84 para 4 COURT: What did he say? --- Please, I said, please stop, please stop. No. What did, after he started kissing you and you told him that he must stop …[intervene] --- He said …[intervene] What did he then say? --- He said he is only doing what is right. He is only doing what is? --- Right. • This was all that was said, and I still don’t get what she is trying to say.

[e] He thereafter put on a condom on his penis and penetrated Kemp. She told the accused to stop on two occasions, to no avail. He continued until he ejaculated and got off Kemp. (10) She got up and ran to the bathroom, locked herself into the cubicle and got dressed. She thereafter telephoned (11)

Transcripts Page 85 & 86 - Okay. Stop, Kayla. Yes, Kayla. And then? --- He had my hands above my head. (a) Then, he took out a condom and he …[intervene] Just… Okay. Stop for a minute, Kayla. COURT: And he then took out a condom? --- Yes, My Lord. MS PERSAD: Then, what did he do? --- He put the condom on. Then, he penetrated me. I am telling him, Dawie, please stop, please stop. But he just did not want to. Okay. Kayla, stop for a minute. MR PIENAAR: My Lord, I could not hear anything; after the words, he put it on. I could not hear anything else after that. COURT: Kayla, is it correct that you said to this court that the accused put the condom on, and he penetrated you? --- Yes, My Lord. And you then said to Dawie, Dawie stop,

Lord.

Okay. Now, again, my appeal to you is that counsel for the accused is having extreme difficulty in hearing what you are saying, as well as the court. Please put the microphone right next to your mouth and speak up as loudly as you can. --- Yes, My Lord. Thank you. MS PERSAD: Okay. Kayla, where did he put the condom on? --- He put it on his penis. (b)

And then, you said that he penetrated

you. With what did he penetrate you? --- With his penis. And where did he penetrate you? --- In my vagina. And then, what happened, Kayla? --- And he ejaculated, and he got off. Then, I ran to the bathroom, and I Is that correct? Okay, Kayla. Wait a minute. Kayla, are you okay? --- I am fine. Are you okay? Just breathe a little. Just take a minute or two. You are going to have to tell us what you said now, again, because you are a bit tearful and we could not hear you. I did the part that he ejaculated. Then, thereafter, you were not too clear about what happened. --- Then, he got off of me. Then, I ran to the bathroom. (c)

NOTES: ACCUSED

• Kayla is testifying that I was pushing her over the couch’ armrest; whiles doing that, I took the other hand, unbuttoned my pants, took a condom out, and put it on with one hand while I was holding her hands above her head. I will bring in Advocate Pienaar’s cross-examination on this just now. have seen my penis. Adv Pienaar did test her on anything that stood out or was unique, it was handed in as evidence, and the Judge did not deal with this evidence in the Judgment.

• She said after I ejaculated (must have been quite quick), she ran to the bathroom. She must have seen the condom with the semen, or how did she know I ejaculated?

10 – See point 8 Her father and requested him to fetch her. She waited in the cubicle until her father arrived. She then proceeded to the motor vehicle whilst crying. She told her

father that she was feeling unwell and that the smoke machine had given her a headache. (11) She did not inform anyone of the rape as she was afraid that her parents would stop her from attending modelling classes, which would sound the death knell of her modelling career. 11. Transcript Page 87 Para 4 COURT: So, you told this court that your dad then said to you that he was outside. Once you received this information, you proceeded outside. You got your stuff, and you went outside. You were crying at that stage. Your dad then asked you what happened. --- Yes, My Lord. MS PERSAD: And then, what happened, Kayla? --- Then, I told my dad I was not feeling well. I think the smoking machine gave me a headache.

Time Stamp of alleged Rape

• 15h30 Kayla arrived

• At approximately 16h00, we sat down, and the alleged rape took place

• 16h10 – Alleged rape over - Duration 5 – 10min

• 16h15 called dad

It is clear by her testimony that she must have left by 17h00. 9

NOTES: ACCUSED

• She could not have been in the shoot, yet she was

• There were people in the office park working, yet she said there was none

• She could not have left in the dark, and it was way too early,

• Music was not permitted during the day until 6h30pm, yet she claimed the music was loud.

• She never called her mom or dad to come to verify her testimony.

[f] She saw the accused again at the next modelling class. (12) The accused told the girls that he wanted to meet with each of them individually. Each of the girls was called separately into the room. (13) The accused told Kemp to stop spreading stories about his

9 Okay, let us walk this through again. The witness sat next to the accused on the couch, and he placed his hand on her leg. She does not respond. He then starts kissing her, and she still does not respond. He then took both her hand, and she still did not respond. He holds both her hands above her head while he pushes her over the couch, takes out a condom, and still does not respond, jump up, scream for help or anything! She sees him open the condom and place it in his penis and wait until he penetrates her, and then she says, “Stop Dawie, Stop”. All of that happened and did not show any resistance. She waited for him to penetrate her and only asked him to stop. I find that extremely difficult to believe. Now we will address the timeline. The witness arrived at approximately 16h00; by 16h15, she had already got raped, then she went to get dressed and called her dad. He is 11km away from the studio and arrived at around 17h00. Nowhere does she testify that Dawie tries and calm her down or keep her from saying anything to anyone. He allows her to go her way without fear of calling the police, telling her dad, and having actual proof get to go to a doctor or hospital where they can take a DNA sample, including a rape kit done. Her dad arrives before any other model arrives, and she leaves by lying to her father. We cannot accept that this is even plausible. Nothing about this makes sense. modelling company Modeling SA. He further told her that she was a whore and a bitch and should stop spreading stories about his modelling agency. (14), The accused reached into his pocket and handed her a morning-after pill. (15) 10

12. Transcripts Page 88 Para 2 - Can you tell us about when you saw the accused again? --- At our next modelling class

• The next class was Tuesday 07 September 2010 – 5 days later.

13. Transcripts Page 88 Para 2 - MS PERSAD: And then, what happened, Kayla? --- He told us there was a whole group of girls. He told us, no, he wants to have a meeting individually, with all of us. Okay. Stop, Kayla. And then, Kayla? Then, he called us individually up, into the room, where you just take photos. All of us were standing out there by the passage.

10 There are a lot of unanswered questions with this. So, she got raped by the accused on Thursday, 2 September 2010, and she said nothing to anyone, and with the shock and trauma she experienced, she returned to the Studio where the accused told all the models that he wanted to see of them alone. The accused then agrees to be alone again with him without warning or cause; go at her and tell her she must stop spreading rumours about his “Agency”. That is impossible, and the accused did not have a business Modelling SA. The witness was not part of Modelling SA, and it was not an agency. According to our research, the first time the accused announced that he now is acting as an agency was only in early 2012. It gets better; the accused, 5 days after the rape, manage to buy a morning-after pill, and while all the other models are thereafter, he shouted at her and told her she is a whore and slut still incriminate himself further by handing her a morning-after pill. What stopped her from calling all the models and showing them what the accused just did? Nothing, but none of that happened. Again, looking at the witness’s testimony, we find it difficult to establish a point where we can say there is no doubt that she was raped. The more we got into the details of her testimony and looked at the plausibility, the harder it became to see the truth in what she was telling the court. We cannot agree with the judgment that this witness was precise and accurate, not consistent. PAGE 45

• This was strange; why would I call them into the room alone? Kayla did not elaborate on what stories or why I suggested she did?

This discussion never took place.

• This also confirms the layout of the studio.

The door is at the stairs where you come up, looking directly into the studio where the couch was against the wall; if I were busy having sex with her, the very first person walking into the studio would have seen me on top of Kayla. Yet, we never closed the door or locked the door. Kayla was tested on this, and she admitted again for lying about this fact.

13. Transcripts Page 88 Para 2 - MS

PERSAD: Yes. What did he say then, Kayla? --- I must stop spreading stories about his company. I am such a bitch. No one is ever going to love me. I am a whore. 11 Stop, Kayla. COURT: Ja. Sorry. Once, just go slowly, please. Do not let us now get excited. You said that the accused told you to stop spreading stories about his modelling company, Modelling SA …[intervene] --- Yes, My Lord. And what did he say thereafter? --- He told me, I am such a bitch. He told you that you are a bitch. --- Yes, My Lord. Hold on. Yes? --- And I must stop talking, stop about his company and … [intervene] MS PERSAD: Sorry, Kayla. Say it again? And you must stop? --- I must stop saying bad stuff about his company. Okay. Stop. COURT: But, I thought I heard you saying, what were the words that you used just now? You said the accused told you that you are a bitch. --- And I am a whore.

NOTES: ACCUSED • This is a massive contradiction – The

11 We find this statement to be random. The State did not ask her why or how the accused would know that no one would love her. We share the opinion of the Defense Counsel that she was making things up, basically lying to create events that did not happen. This sound like a person who was told what to say but could not remember all the details, dates, times and people. PAGE 46 company was not called Modelling South Africa, It was called The Model and Talent Academy. She was a student at a modelling school. I don’t understand what she possibly could have said about a company she knows nothing about. This is proof that she was in contact with Ravi. Dominique Rensley, Ravi Raja and Dion Van Wyk started the accusations, which was when Dominque and I broke up, and that company was called Modelling SA. This confirms the conspiracy between them. It was not me telling her not to spread rumours; she was part of the rumours before the trial started.

15. Transcripts Page 90 Para 1 - MS

PERSAD: And what did you say next? --- And then, I just looked at him. Then, he gave me the morning after pill. COURT: You said I then looked at him? --- Yes. And what happened after that? --- Then, he handed me, he reached in his pocket. Then, he handed me the morning after pill. He reached inside his pocket, and what did he do? --- He handed me over a morningafter pill.

NOTES: ACCUSED

• This did not make sense, we “Had sex” on a Thursday, yet I gave her the morning after pill five days later? This is a lie and made up. • The only morning-after pill she ever received from me was the one SHE and

SPIROS were asking me to get. How else did I know that; 12

• She was in a sexual relationship with him

• That she dated him during the time I met her 12 This stood out. The accused openly admitted he gave her a morning-after pill, not the one the witness claimed after she was raped, but the accused gave an answer that cannot be a lie. How did the accused know that the witness and a Spiros slept together to make that up? When the witness said she was a virgin, and the Defense Advocate asked her if she had sex with Spiros, she admitted that what the accused told the court was true and dismissed the witness’s version. It is not possible to make up such an accurate claim. The State did not challenge this evidence.

• This also confirmed my version and that it was impossible to give her a pill that would have no effect. She is using her and

Spiros’s situation to blame me for rape. [g] Kemp told the accused that what he had done to her was wrong. He retorted by telling her that she should not say anything to anyone as he would come after both herself and her family if she did say anything. (16). The accused dismissed her, and she did not communicate further with the accused until 2013. (17)

16. Transcripts Page 90 Para 1 - KAYLA

KEMP: (s.u.o.) COURT: You may continue. --- Thank you, My Lord. I think the last thing that we, the last thing that we that you said to this court before we took the short break, is that he told me not to say anything to anyone. If I did so, then what would have happened? --- He told me that he would come after myself and my family

NOTES: ACCUSED

• This is a massive lie, and this conversation never took place. The next point is proof of this.

17. Transcripts Page 93 Para 1 - MS

PERSAD: Did you communicate further with the accused? --- No. Not until 2013.

NOTES: ACCUSED

• What Kayla is stating here completely contradicts and nullifies this entire rape claim. She said that we never saw each other again after that last class on Tuesday when I gave her the morning after pill and told her I would come after her if she told anyone. Here is the problem;

• Kayla was part of the academy up until the calendar in 2011.

• The calendar was part of my business, Dieter worked with me, and we took the models to a camp in Du Rust in the Free State. So if she never spoke to me again for all that time, how did we communicate with the camp? She claims the camp was before the rape; it is not possible as it was six months after the alleged rape. So she • The chat in 2013 was also not between her and me, and it was as the evidence that we handed in that it was, in fact, Ravi and her

• From the time of the camp to date, I have never spoken to her again.

[h] Later, she communicated with one Dion who had asked her whether she had been to the accused before. She informed him that she knew the accused and was not who he says he was. Further, that the accused had raped her, Dion then informed her that she should not worry as a team of investigators working on the matter regarding the accused and that justice would ultimately be served. (18) 13

[i]

17 & 18 Transcripts Page 93 Para 2 - MS

PERSAD: What did you tell Deon, Kayla? --- I told him that Dawie is not, who he claims to be and that he raped me and …[intervene]

• Adv Pienaar did deal with this matter intensively. I will elaborate on our evidence.

[j] A few days later, she received an invitation on BBM from a person who gave himself out under David Toddy. (19) She duly accepted the

19 Transcripts Page 93 Para 2 COURT:

Okay. Stop. Yes. You got this invite on BBM. --- By the name David Toddy. By the name David Toddy? --- Correct, My Lord. MR PIENAAR: Is it Toddy or Toddler? COURT: Toddy. T o d d y? --- Correct,

13 This was disputed by the Defense Advocate when he asked Dion who told him about the rape. She denied the witness claim that she told him. Dion said Ravi informed him. I have to question this then; if the witness did not tell Dion, who told him? The witness said she only told Dion, yet Ravi reported this to Dion? The accused argued that there was a plot to frame him. The State and the Court dismissed those claims. The evidence (see below) clearly showed that Ravi pretended to be Dawie. It is not our opinion but proven through all the evidence. For this reason, we do not see the truth or accuracy in the witness’s testimony that the accused would only threaten her five days after the rape at a modelling class. PAGE 47

My Lord. Mr Pienaar, Toddy, T o d d y. MR PIENAAR: Thank you, My Lord. COURT: David Toddy. --- Correct, My Lord.

Okay. MS PERSAD: And then, what happened, Kayla? --- So, I accepted. Then, a couple of minutes later, his name changed to Dawie CEO or something. 14

This David Toddy that you referred to, did you communicate with that person on BBM? --- I never, I did not. No.

NOTES: ACCUSED

• This was the states “witness” evidence to confirm Kayla’s version. The State used this to pin the accusations against me.

• I have a problem with Kayla’s “A few days later” She said in the previous point that we did not have any contact until 2013; here it is a few days later. So this again contradicts her entire version. • We handed to the court intensive evidence to prove that the BBM PIN used in the

14 The witness testified and said she got a BBM invite from the accused. I find that strange that he will invite a person and then change it to his actual name. We can confirm that the accused had the same messages from a “Dawie Toddy” when a mother took screenshots from a Dawie Toddy asking her daughter for pussy pictures. The mother immediately confronted the accused at the time this happened in 2013. At the exact moment when this took place, the accused was on a flight to Port Elizabeth (confirmed). The accused asked the mother to save all those messages and verify the BBM pin. The mother did that and provided a copy of the messages to the accused. They confirmed together that the BBM pin used was the BBM Pin of Ravi Raja, the same person who spoke to the witness with an identical profile when he asked Danica for pussy pictures. Those messages were handed in as evidence along with all the Blackberry devices and emails (see below) and it confirmed that the BBM used to address the witness was identical, and that is proof that it was not the accused who spoke with the witness. Further, the accused also handed in a transcript of BBM messages where DION, RAVI and the witness discuss how they will frame the accused. All of the above evidence was ignored by the court.

messages between Kayla and me was, in fact, RAVI’s PIN. ~It was in black and white. There was a complete transcript handed in there. Kayla, Dion, and Ravi planned the plot of rape against me and that evidence was completely ignored by the Judge. We handed in;

• Emails to agencies across the globe informing them about this very BBM Pin stealing people’s identities,

• We handed in original copies of the messages that warned models against

Ravi with that very BBM PIN.

• We handed in original BBM messages with my pin showing that I was in PE at the time and had no communication with Kayla.

• We handed in all the BBM phones confirming the BBM PIN that Kayla referred to did not belong to me.

• The BBM messages were handed in with the same pin showing she was talking to

Ravi.

The evidence we provided the court was overwhelming, yet it did not matter to the Judge.

Page 29 Invitation and shortly thereafter observed that the name had changed to Dawie CEO…… Unfortunately, the witness was unable to remember further. 15

Identification details.

[j] She did not have any BBM exchange with David Toddy. Dawie CEO… then wrote to her that he had not raped her but that they had made love. He then asked Kemp if they could do it again and asked her for pictures of her vagina. He further told Kemp that he had naked pictures of her and would post these on the internet if she did not send him the requested pictures. (20) She asked him

15 The witness testified that she did not send the actual messages to the SAPS. Instead, she shared them with Dion. Dion made copies and handed ott to WO Banks. The State, the witness and Dion could not explain how the messages from Ravi Raja got mixed up in between and how it was possible that Ravi Raja used the same BBM Pin as the messages from Dawie Toddy, later David CEO... what naked pictures he was talking about, and the accused did not respond. (21) She became scared and sent the BBM exchange to Dion, who informed her that she should not worry as the matter would be sorted out. (22) She thereafter deleted the accused as a BBM contact.

20 - Transcripts Page 94 COURT: Sorry. Just stop there. You said he said hi. And then? --- My Lord, I cannot remember exactly word for word, but …[intervene] But, just give the court the thrust or the jest of it. --- He told me that he did not rape me. We made love and …[intervene] MS PERSAD: Okay. Stop, Kayla. Continue, Kayla. You said and? --- He told me that he did not rape me. We made love. Then, he asked me if we could do it again. Then, he asked for some pictures. COURT: Sorry. MS PERSAD: What pictures, Kayla? Give me a minute before you answer that, Kayla. What pictures, Kayla? --- He asked me for pictures of my vagina. He told me that he has got naked pictures of me, as well. Okay. Stop, Kayla. Yes, Kayla? --- He told me he has got naked pictures of me. If I do not send him pictures, he is going to post it on me. COURT: Sorry. If you do not send him pictures, what is he going to do? --- He is going to post the naked pictures. MS PERSAD: Okay. Stop. Yes, Kayla? --- So, I asked him, what naked pictures? He did not answer me. Then, I got scared. Then, I told Deon about the BBM’s …[intervene] 16

This is not making sense; we will break the concerns down. Dawie, out of the blue, sent the witness a BBM message 3 years after he raped her in 2013. This all happened in the same year that he got into a serious relationship, a deacon at his church, had a successful business, and coincidently, the same year Carte Blanche attacked him with these rape allegations, the police arrested him? Over and above all of the media slandering he daily faced from social media, which all was connected to Dion and Dominique, he still confirms that he raped the witness and made it like love-making. He then threatens her again by asking for photos of her vagina? Not only is the accused threatening her, but he also said he already has naked pictures, that is she is not going to send him any pictures, he will further incriminate himself PAGE 53

From: Sent: To:

Subject: Attachments:

Importance: Sensitivity:

Tracking Tracking: Dawie De Villiers - Group CEO <dawie@msagroup.co> 29 November 2012 08:27 AM 'ford@fordmodelseurope.com'; 'fordgirls@aol.com'; 'fordsul@fordsul.com.br'; 'info@fordmodels.com'; 'ford@fordmodels.com.br' Ford Models - Scam Adriana Ford Models.jpg

High Confidential

Recipient

'ford@fordmodelseurope.com'

'fordgirls@aol.com'

'fordsul@fordsul.com.br'

'info@fordmodels.com'

'ford@fordmodels.com.br'

Sarah Kerber Read

Read: 2012-11-29 04:29 PM

Good Morning Ford Models

I hope this email will help us to clear the matter with urgency.

In the past week an “individual” with the name Adriana has services the Blackberry members inviting them from a BBM Pin: 274CE541.(See Attached Photo) This person claim to be your senior booker and what he / she does is asking random girls for photos and it end up asking them for nude photos and then offers them contracts with FORD Modelling Agency and magazines like ELLE and so forth.

I was flying to the Port Elizabeth and a very strange thing happened. This same BBM Pin became me, people were invited by this individual as David from Modelling South Africa and then told models to delete my “OLD” pin due to the fact it is giving me issues and they need to accept the “NEW” pin. This all was brought to my attention by one of our models when I landed. I started to investigate the matter and approached our local Police organized crime unite and when we got hold of this person she was Adriana from Ford Models again. She claims to work for your UK branch and gave us websites and links which still does not proof this this person is under your employment? We need to know if you recognized the PIN, the person and if it was one of your employees who is doing this?

I also would like to ask you to please help us track down this person if it is not you and to confirm your findings on this matter to send us a letter in your company letterhead singed by your CEO please. We will hand such a letter to the authorities and media to stop this person making form models this massive scam and this will prevent both of us getting our names smothered by such a sick individual.

Please feel free to contact me directly to discuss this matter. I am the Chief Executive Director of Modelling South Africa (PTY) Ltd and also listed with Agencyfile and a client of CDS.

Best Regards,

This, to me, makes NO SENSE;

• She got a BBM message from me, I assume in 2013, 3 years after the alleged rape!

Without warning, I immediately say I did not rape her; we made love!

• Then I asked her if we could do it again, admitting to raping her in 2010??

• I then ask her for a photo of her virgina, yet I have naked photos of her already?

The question is, where was this evidence?

When were these photos taken, and where were they taken? If I have photos of her naked already, why would I want her to send other photos and then threaten her to pose illegal naked photos of a child and complicate myself and my reputation?

• The messages were very specific and all out of the blue, yet in that same discussion, a message from the same Ravi got mixed up. • Kayla did not produce the original copies, many of the messages were incomplete, and she admitted that those were all sent to DION. In addition, she did not have the phone where those messages were received and sent. by posting nude photos of the witness she does not even have an idea where he got it from or when he took it? This entire testimony stinks of all the lies! We are reading this because either the accused is highly dumb, or it is not him. I will go with it is not him. We agree 100% with the accused that he was set up and that the witness was, in fact, with proof and used as a pawn to frame the accused. We would love to have an open discussion with the Judge and ask him if he minds explaining and answering on camera under oath how he got to his conclusions and judgment that this witness did not lie, that she was consistent and precise? This witness is the exact opposite, the evidence is overwhelming, and nothing she testified about so far is clear or make sense.

ALL THESE MESSAGES WAS SEND FROM BBM PIN 27A5777C WHICH CLEARLY DID BELONG TO RAVI RAJA, YET THE COURT IGNORED THIS EVIDENCE AND FOUND ME GUILTY INCLUDING USING THIS AS MAIN ARGUMENT TO APPOSE MY LEAVE TO APPEAL.

21 - Transcripts Page 94 Para 4 - COURT:

You say you asked him what naked pictures. He did not answer.

NOTES: ACCUSED • Kayla claimed that I admitted to rape in the

BBM exchange, yet “I” could not answer which naked photos I had of her.

• If she were in the shoots where naked was taken, she would have known and not asked? If she did not take photos naked before, why did she GOT WORRIED and sent the messages to a stranger? It is because the BBM exchange was not between us, and it was just as confusing to her as it is to me.

[k] She identified the BBM exchange between herself and the accused, which she had forwarded to Dion. The exchange mentioned above was provisionally handed in as Exhibit “D”. (21) 17

NOTES: ACCUSED These images you are seeing now was all handed in and the State was suppose to bring the original device. Also note that the quality is

17 Will Hearsay Evidence be admitted during my Proceedings? Before we can determine if they can use hearsay evidence during proceedings, is it essential to know what the meaning of hearsay evidence is: “Hearsay evidence” means evidence, whether oral or in writing, the probative value of which depends upon the credibility of any person other than the person giving such evidence. In this case, one can not argue that what the court did here was to accept that the Defense did not accept the authenticity of these BBM Messages. That made it more hearsay and was only accepted provided the State could give the original source. In essence, that did not happen, and this evidence remains unaccepted and should not or could not be used. There are two ways to look at these BBM messages, and none of the two outcomes favours the State. The first is that it is evident that the accused did not send the BBM messages. That was proven beyond reasonable doubt and cannot be argued. The second is that the messages cannot be used as hearsay evidence are not accepted in any court. The court made that order when the Defense objected. On both those outcomes, the BBM messages are not favouring the State. PAGE 60 really bad, the set we gave had 2 sets of BBM Messages, the one from my BBM Phone, and these images with the BBM Pin exposed where we proved to the court that these messages was in fact the BBM’s of Ravi Raja.

This was one of the three messages where Kayla and Ravi spoke during the same time he pretended to be “DAVID” Danica ELLE Magazine.

21 – We handed the Judge a lot of evidence that the Judge chose not to mention, change, or add information that was not part of the trail

Pienaar did not accept the authenticity of those messages – Page 102 para 2 MR PIENAAR: My Lord, I am going to, provisionally, it can be handed in. I am not admitting the authenticity of that.

[l] She spoke to one Sasha of Carte Blanche and confirmed that she had made a statement to the SAPS during 2013. She approached the investigating officer approximately two weeks later with a request to allow her to not continue with the matter, as she was in matric and wanted to complete her studies; she had a 2 – 3-month-old baby to take care of. (22)

22 - Transcripts Page 106 Para 2 - Yes, Madam …[intervene] And then, you spoke about it, and you said that you wanted to drop the charges because you were in matric and had a daughter. --- Yes. And I need to finish my studies. Yes. You need to finish your studies. So my question is, did you reduce that in writing into a statement for the SAPS? --- Yes, Madam. Okay. Thank you, Kayla. 18

NOTES: ACCUSED

• Kayla did withdraw her charges exactly one month other the original statement was handed to Veronica (investigating officer) • Kayla was 16 or turning 17 when she had her child. She not once during her evidence

18 We are not sure what is the relevance here. We can take from this that the witness still had sex as a minor. Was the father of that child prosecuted for statutory rape? She did withdraw her charges against the accused (see statement below), yet the State refused her request.

made mention that she no longer trusts men or that she can’t do modelling further. Her main concern was that she couldn’t trust agencies – the problem is that I was not an agency when I met Kayla. So that again just proves that everything Kayla said was made-up. It was all fabricated.

[m] During cross-examination, she stated that she had contacted Dion upon the recommendation of a friend (23) and, during her exchange with him, informed him that the accused had raped her and refused to provide her with her photographs. (24) 19

23 - Cross-Examination Page 112 Para 3

- MR PIENAAR: Who was this friend you referred to? --- I cannot remember. COURT: Sorry? --- I cannot remember. MR PIENAAR: Well, I find that very difficult to believe, Ms Kemp. --- It was either Geraldine or Tanya. I cannot remember which one.

NOTES: ACCUSED

• She said she could not remember who the friend was, and it was one of two other models, “Tanya or Geraldine.” • She conveniently could not remember who told her about Dion, yet none of the two people came to testify to verify her evidence.

19 Here the witness confirmed that she was in the disco shoot, yet she testified before the models arrived and long before the shoot. She did not mention a single thing about the actual shoot that evening. She made it clear that she left after the accused raped her. How is it possible she got to go to a “stranger” and tell him about the photos she did not get and the rape? This contradicts her testimony. The one cannot happen if the other did happen, so if she was raped, there could not be any disco shoot photos. If there were disco photos, she could not be raped, and everything she said was a lie. We have the photos, and it was the disco shoot; that’s undeniable, and for that, she did do the shoot and could not be raped. According to the judgment, I also need to point this out, and she is now calling Dion a stranger. Yet, the Defence’s BBM transcripts that were handed in as evidence show Dion, Kayla and Ravi comfortably discussing the plot against the accused? We need to ask, why is this court ignoring such substantial evidence? [n] She had observed that the accused had removed his shirt at the time when she returned from the bathroom before he raped her. She did not find this conduct strange as the accused usually removed his shirt during previous photoshoots. (30) 20

NOTES: ACCUSED

• This is insane; Kayla admitted we only did the disco shoot, of which, according to her, rape allegations could not have taken place.

The reason why this is a false statement is that;

• It would have been the first shoot with

Kayla.

• She was in no other shoots to observe me without a shirt.

• The Judge mentioned “SHOOTS” plural, which means there were more than one, and yet there is not one photo to prove that there were any other official shoots where I took Kayla’s photos.

• She subsequently unilaterally disclosed that she had a sexual relationship with the accused on two previous occasions, before the rape. (31) She felt obligated to engage in consensual intercourse with the accused during August 2010, as her mother was unable to pay fees, and the accused had said that he would sponsor her. (32)

32 - Cross-Examination – Page 183 & 184 You have no idea what is, why he is doing this.

20 This statement made by the witness is widely speculative. We took this point and assessed the number of photo shoots the witness did with the accused to find if he did remove his shirt during shoots. (a) The witness started in June 2010, and Dieter took one Studio photo (not a shoot) of the witness for her membership profile. Then the accused did the only shoot with the witness, the disco shoot. The witness’s only other shoot was the camp’s calendar shoot, which was not done by the accused. This makes her accusation that it was not weird for her to see him without a shirt is a total lie. There is no proof, not in the transcripts, and not in all the photos we looked at. This never happened, and this is proof that the witness made this up to justify her lie about the rape. PAGE 61

--- No. Am I correct …[intervene] --- At the time …[intervene] You had no idea, at that time, why he was doing this. --- It was probably because he said he would sponsor all my photoshoots and stuff. Of course, he did not, or he did, but maybe this was like payback. COURT: Sorry. Just repeat that? You said no idea; what was your question, Mr Pienaar? No idea why he was doing this? MR PIENAAR: Yes, My Lord. COURT: And what is your response thereto? You said something about payback. --- My mom could not afford us to do modelling, and Dawie said, do not worry. He will sponsor me. Maybe this was like payback because we did not pay him any money. You say so maybe this was payback, or so this was payback. What is your response? Did you say your mom could not afford fees and did not pay any money, so? --- Dawie said he would sponsor me …[intervene] Yes …[intervene] --- So, maybe this was like payback. MR PIENAAR: Why do you say it is payback if he, according to you, you said he would sponsor you? Payback for what? For not paying the money? --- No. I do not mean it like that. It is just, and now he has got an advantage over me. There was no discussion about your contract or sponsoring or anything like that when you joined him on the couch? --- No. Alright. So, now this happens, and you think this is payback. Did you ask him, why are you doing this? --- Yes. He said he was going to do what was right. 21

NOTES: ACCUSED

• There is so much wrong, and this is hearsay, said she THINKS it’s probably payback.

The issue here is she was a student, and the agreement with payments was between her mom and I.;

• She started in Middle July 2010

• If they didn’t pay, it would have been for only the month of August.

21 This is hearsay, and the witness is talking about a payment that was not discussed with her. There was no corroboration from the witness mother confirming this. This has no meaning, and the court should not have accepted hearsay. PAGE 62 • There was never a discussion between

Kayla and me about her August fee not being paid.

• She then said it was not about the money, but I have an advantage over her – THIS

DOES NOT MAKE SENSE!

[p] She admitted that she had lied when she testified that she was a virgin at the time of the rape as she was very scared;(33)* further that she did not want the SAPS to pry further into this matter and wanted to withdraw the matter as she was desirous to focus on her studies and her daughter. She admitted that she should have told the truth from the beginning. However, she stated that she was a virgin when the accused first had sexual intercourse with her. (34) 22

34. Cross-Examination Page 212 Para 4 - I am sorry to ask you this. But, at the time of this intercourse, were you still a virgin? --- Yes.

22 We are astonished by the justification and acceptance of her consistent lies. If you can hide and lie about that, you can and will lie about anything or everything else. There is a thing called the cautionary rule for single witnesses. The witness was a single witness, and with no caution, the court considered that she had no one testifying what she said was true about anything she said. When witnesses were asked about what she said, Dion, the WO and Yolandi testified against the witness, although all three were State witnesses. She is ongoing spreading rumours, using hearsay and lie, yet the court said she was concise and could not find any reason why she would lie? This is shocking! If we look at this witness, we see the following; she was sexually active before she met the accused. She and the boyfriend had sex and asked the accused to assist them in thinking she could be pregnant. She then accuses the Accused of rape and later a sexual relationship; after that, while in school, she still shows the sexual activity as a minor and fall pregnant while in school, and the State and court see her as the victim here? We cannot overlook her character, not her behaviour. She is a compulsive liar. She is not honest to the SAPS, the State or the Court, she admits to making things up (lies), and her story she is telling does not add up, and with all of that, the accused supply evidence proving that he was in no discussion with the witness about the rape or anything related to sex. All of that, and the court could not find any reason to think just maybe she is lying?

Did you sustain any injuries during the intercourse? --- No. So, I take it that you never went to see a doctor or consult a doctor after this? --- No.

NOTES: ACCUSED

• She lied blatantly about this, which means the person who had a sexual relationship with her “SPIROS”, which at that time I believe was older than me, was sleeping with a minor and the State did nothing about this;

• The State ignored this, yet used the excuse for lying under oath in court because she was scared.

• She said we before the rape had a sexual relationship; what was she scared of then?

This is nothing more than an excuse for the court to make her version believable, although all she did was lie in court, changing her story every time she was caught out.

• The court justifies her lies and ignores the facts and evidence left by the defence.

[q] She was adamant that the accused had sent her the BBM messages and denied the allegation that she was a pawn in a game that was being played by Ravi Rajah and Dion against the accused. (35) Further, that only the accused knew that it had to be the accused who sent her the BBM messages as he was the only one who knew that they had sexual intercourse at his house, as stated on the last page of Exhibit “D”.(36)

35 & 36 Cross-Examination Page 255 Para

2 - So, what I want to put to you, Ms Kemp, is that you are merely a pawn in a game that other people are playing against Dawie. That is what I am putting to you. What is your response? --- I do not understand. You are being used, by other people, to frame Dawie.

NOTES: ACCUSED

• Kayla knew that those BBM messages did not come from me; she spoke to Ravi

23 No DNA or Rape kit = No physical proof of rape. The Defense Advocate did ask the witness if she reported the rape and her excuse was she was scared her mom was going to stop her modelling. That does not sound like a person that was traumatized by rape. simultaneously; the State gave a message from Ravi to Kayla with the messages they claimed to be from me by accident. So, Kayla, Ravi and Deon, as per the evidence handed in, showed they were, in fact, discussing how they were going to frame me, that the details were not that I could be the only one knowing about it. Still, the person pretending to me knew exactly everything about this.

[r] She stated that the consensual intercourse took place at the accused’s house before the camp the models attended at De Rus (37) and that the rape had taken a week after the camp mentioned above. (38) She stated that she felt disgusted with the accused after the consensual intercourse and felt like a prostitute. (39)

36. Cross-Examination Page 283 Para 1 MR

PIENAAR: Thank you, My Lord. COURT: And where did the, where did this relation take place? --- In his house. (a) Can you recall the day or the date of the month? --- No. I cannot. Sorry? I did not hear you. --- No. I cannot. Is there any reason why you cannot recall the day, date, or month when this took place? --- No. (b) The second time, when was the second time that you had consensual intercourse with the accused? --- In his house. (c) When was this? --- Also almost, just before camp. His kids were there. (d) 24

24 TThis is another example of selected memory loss. The witness states that there was sexual intercourse with the accused at his house. The Defense Advocate questioned her and asked her when this took place. She cant remember. Then it was also not the first time, and she testified there was also a second time. This, according to her, happened just before the camp in August? There was no camp until February 2011. Here are the things the court is not considering: The rape, according to her, was at the start of September 2010, she only joined the classes in late July 2010, and within one month, she now claimed they had a sexual relationship to pay for her modelling classes. After enjoying sex without force, the accused asked her to shoot where he decided then to rape her because, according to the witness, his reason was that it was the right thing to do. PAGE 63

She said we had a sexual relationship, yet she cannot remember when or where we had sex. In her chief evidence, she said we had a sexual relationship with me when I offered to sponsor her;

Cross-Examination Page 282 Para 1 - Now, did you, shall I ask you, when did this sexual relationship start with the accused? --- When he offered to sponsor me. Sorry? --- When he offered to sponsor me. And when was this? --- It started in about August.

NOTES: ACCUSED

• Again the timing is a problem; I only met her in July of 2010; within a few weeks, we had a sexual relationship as payback because she could not pay her fees. The fees were not discussed, her mom never came to testify to affirm the evidence.

• Just after Pienaar pushed her, she blatantly forgot when we had this sexual intercourse; She then made a big mistake as she could not keep track of her lies; She said

I have to ask, why did he not then keep on having a sexual relationship, much more minor issues... Why the trouble of raping someone that's already giving you the pleasure of sex willingly? She then makes one massive mistake, and she claims that this relationship happened at his house, knowing he is a single parent assuming there will be no witnesses to her mad lies. She is accusing him of having this relationship is not his, and it is also not any residence. It is his parents, and it is a home-based business with staff. There was no explanation given how the accused managed to get to his parent's house, nor could she remember what the house looked like inside. All that meant was that she never went into his parent's house, as the accused parents testified it. The witness made vivid accusations where they had sex. When she got tested on that, she changed and suddenly corrected her claims, and on that got caught out again lying. She claimed there was a couch in his bedroom. When the Defense proved that she was lying, she changed her version to say it was a couch in the living room, and she just could not remember where the most prominent place in the house was. This is causing more doubt that the witness spoke the truth about anything. There was no evidence that this was true. It was a big lie! PAGE 64 the second time we slept together was a few days before the camp, which was six months AFTER the alleged rape.

• She gave her evidence and said the rape took place two weeks after the camp where the relationship was before the rape.

Therefore, neither the rape nor this absurd sexual relationship took place.

• The State and Judge made a big mistake;

Kayla said we slept together at my house, it was not my house; she later admitted it was the house opposite the sports grounds which belonged to my parents. Here are the problems the State and Judge ignored

• Kayla and I must have had sex during the week between 8 and 2, the same time she was in school and before my brothers came home. How did she get to me during school? I did not have a car?

• My parents were working from home, and they had never seen Kayla before. The domestic and my grandmother were at the house all the time. They never saw me with any girl, as my dad did not allow that.

• If it were, on the weekend, they would have met her then, and they had seen Kayla before.

• My stepmom testified that Kayla never put as much as a foot in their yard.

• Kayla could not remember where the room was; she was tested and could not remember anything of the house.

• There was no sexual relationship, no rape and everything Kayla told the court contradicted. She told the court that the

Investigator lied to the court; she said DION lied about who told him about the rape.

She admitted to Advocate Pienaar that she indeed is lying and making things up on many occasions. She could not remember things where she was caught out lying. She could not tell her left from her right; she did not bring one witness to court to bring any evidence to prove what she told the court.

[s] She did not confide in her cousin about the sexual relationship she had with the accused as she was afraid that her mother would find out and further that her mother

had not known that she was having sexual intercourse with the accused. (40) Further, she did not divulge this fact to the investigating officer as she was disgusted with herself and scared to have divulged this fact to the State Council. (41)

NOTES: ACCUSED • 40 – 41. These statements prove that

Kayla, from the days of telling Dion, Ravi,

Dominique, the state advocate, Sasha from Carte Blanche, was lying and in court making stuff up. It was not in her statements, not in her chief evidence; it only came about when Pienaar caught her lying about her being a virgin and when we requested my laptop to prove the Disco Shoot photos.

[t] She stated the only reason she made such disclosure during her cross-examination was that the defence had requested the accused’s laptop computer. She was afraid that they would have found something relating to her consensual sexual relationship with the accused if he had made a recording thereof. (42)

Cross-Examination Page 287 Para 1 - Because I was scared they would find something on the laptop, in case Dawie recorded it. What do you mean by this response that you were scared that they would find something on the laptop? What do you mean by this? --- Because they were asking for the laptops, I was scared Dawie recorded us having sex. It would be on his laptop. Now, it was put to you, during crossexamination, that, and perhaps listen carefully to this question. That may be, you are being used, in this particular matter, to come and falsely implicate the accused. What do you have to say about that? --- No. 25

25 The witness gave herself away, claiming that she was scared that the accused recorded him having sex with a minor? This does not make sense. Why would the accused incriminate himself by recording himself having sex with someone he should not have sex with. We looked at the context and cannot agree with the Court. The witness knew that they never had sex, and that way, no recording was possible. The only logical explanation was that she knew that the Defense had evidence to prove

NOTES: ACCUSED

• This again has no basis for accepting Kayla’s lies referring to the “Sexual Relationship.”

• The police were investigating my laptops for anything related to child pornography.

The State did not find anything related to

Kayla on my laptop. The request was made in court. Kayla was not scared because of potential sex tapes as there was none to start with; she was scared because she did not know what to accept and when Pienaar questioned her on that, she got scared and was caught out and immediately made up that we had consensual sex and that all before the rape to justify her claims for the reason why we had sex.

[u] She appeared on Carte Blanche because she felt pressured to do so and was afraid for the matter to have been reported to the SAPS. She subsequently spoke to the investigating officer and gave them a short version of the events so that they could leave. (43)

NOTES: ACCUSED

This is proof that the court used every excuse to justify Kayla’s shortcomings and lies. This is proof that there were doubts and that the State could not prove beyond reasonable doubt that I am guilty of rape.

[v] She was adamant that she was telling the truth relating to the two previous consensual sexual encounters with the accused and the rape. She stated that she felt disgusted after the rape and felt lost and let herself go. She further realised that her mother was correct and that she should have listened to her and her lies, and she got scared and wanted to change her rape to consensual sex. It was a way to mitigate her lies. That did not work out well for the witness. The State Advocate and the Court are ignoring that the State would have found evidence against the accused if there were any naked photos or sex videos of the witness and the accused. The SAPS and the State were well aware of that fact. Yet, the State Advocate still argues that the witness lied because she was scared of something the State knew did not exist? This argument offers nothing more than proof that the Court, ongoing accepted the witness lies and, every time justify it and made excuses on her behalf. Should judges not be unbiased? PAGE 65

not started modelling classes. 26 [w] She explained that she had cried through most of her testimony, as it was an emotional struggle from the very first day as the accused had promised her a modelling career, which never materialised. (44) She felt disgusted with herself as she viewed herself as a prostitute on the basis that she had consented to sexual intercourse with the accused on the two occasions, as he was sponsoring her(45) 27

44. Cross-Examination Page 296 Para 1 - Sorry. Hold on. It has been an emotional struggle from day one; why? --- Because Dawie promised me a modelling career, and it never happened. I am disgusted that I even had a sexual relationship with Dawie. I am disgusted that I should have spoken up earlier about the rape. But I did not. It is just, for me, it is degrading to know that I am a mother, and I am sitting here, in this court, trying to explain myself. So you say it is an emotional struggle from day one because the accused promised me a modelling career, and it never happened.

NOTES: ACCUSED

• To Kayla, the only thing that she was upset about was that she was not successful in her modelling career and blamed me for it. • She did not distrust men, or could not keep

26 TThis has no meaning!! Her opinion does not overpower testimony and evidence. She, not the State, did not prove a sexual relationship. 27 Okay we took it upon us to look at her modelling background, the length of her career, including her achievements as a model to establish any promise where she can get to as a successful model. All this happened within the first two months of her modelling career. She has no previous experience, and she is only a started, still doing classes and not qualified as a professional model. Her excuse for crying in court was not because she was raped, her reason was all about the disappointment of a broken promise, yet she managed to be in a calendar? She claimed that she was not upset about the hurt or suffering caused by the rape, and she was more concerned about her modelling career. Again we did a bit of digging, and the witness did not stop her modelling after she parted from the accused. She did modelling with Tania and Ravi, who used the accused identity to incriminate the accused for rape. She again lied! PAGE 66 a boyfriend, had a bad relationship with her dad or other men. However, she could still put blind trust in other photographers, pose in shoots at a young age that was very provocative and have children while in school, yet the only thing to her through all of this was she was upset because I did not make her successful!! I did apparently not keep my promise.

[x] She stated that she had attended counselling and was not forced to testify against the accused. 28

THAT, IN ESSENCE, CONCLUDED THE EVIDENCE OF THE 4TH WITNESS, KEMP.

KAYLA KEMP – DEFENCE EVIDENCE – JUDGMENT PAGE 87

Counts 3 and 4 (Kayla Kemp): Kemp joined

28 Before I get to the Defense Evidence, we are well aware of what we call here the RED LINE Test; let me explain. The State witness gives her testimony. That is what we call the red line or first proof. Every time a witness makes a statement, it builds on the foundation of the case. The more proof is given, the stronger the foundation gets, as soon as the Defense testify that the red line is the test. The more the Defense give more robust or more substantial evidence, the weaker the foundation of the State witness gets until either the foundation gives in or the foundation stand. Just by assessing and investigating the State witness Chief Testimony, the witnesses and their testimony’s and the cross-examination the State witness foundation gave in, we have not even discussed the Defense testimony yet. It is already as clear as daylight that this rape charge has no merit and that nothing is proving that the accused is guilty of this charge. It is quite the opposite. The witness perjured herself repeatedly, and according to the court, she is reliable? Anyone with half a brain cell can tell that there is no rape. Sadly, an innocent man was convicted and sentenced to a life sentence. As an organization, we will reach out to every person tried by Acting Judge Cassim Moosa to assess if he usually punishes people on weak cases like this. We will make all of our findings available to the public, media and authorities. The Chief Justice should review this case and remove Acting Judge CasimMoosa from the court immediately.

Model Talent Coaching Academy on 24 July 2010 and attended Tuesday and Thursday evenings classes. (1) The first and only photoshoot she had done at Aston House was after classes on 02 September 2010. (2) The shoot, together with other models, commenced at 19h15 and ended at 20h20. (3) He denied that a smoke machine was used during the shoot—the defence handed in exhibits NN1 and NN2. The exhibits mentioned above are of Kemp and indicate that the files were created and modified on 24 July 2010. (4) 29

NOTES: ACCUSED

1. Kayla did confirm this. 2. I will attach the photo with the metadata. 3. The photos prove that there was no smoke machine or disco lights in the photos to prove Kayla’s version. This does prove that she is lying and that the rape never took place. 4. The Judge said that the photos were CREATED AND MODIFIED on 24

July 2010. This is factually false.

a. The dates on the image are as follow;

29 The court is incorrectly stating the evidence here. We also had a look at the evidence and the explanation on the metadata. It does not make sense for a shoot to occur two months before the actual shoot. Both the witness and the accused confirmed what happened on the 2nd of September 2010. The facts are on the evidence that was handed in and displayed uncontested. According to the photo’s meta-data, the word CREATED refers to the date it was inserted into a computed and saved on another drive. The SLR camera uses an SD card. When the photo is taken, the camera store (modify) a picture and save it on the SD Card. That is the time and date of the shoot, and this is not “modified” data outside the function of the camera. The date on the meta-data confirms the shoot date, an undisputed fact. The ACCESS date changes when you open the photos. It is a usage trace data function. This was thoroughly explained and not disputed during the accused testimony. The court makes a bold incorrect claim that the meta-data was tampered with. The court failed to mention that when the accused got access to this information (photos), it was done in court in front of the SAPS, the State Advocate and Clerk of the Court. There was no tampering, the State did not make such an argument, and the court accepted that evidence. i. Created: (Date it was saved on my computer) 05 October 2010 ii. Modified: (Date the photos were taken, when the camera was used and modified (made) the image and stored it on the memory card. 02 September 2010 iii. Accessed: Was when we were in court saving it to a CD.

• The Judge made this statement up—the transcript where the CD with the photos of

Kayla is not available. Pienaar specifically dealt with the authenticity of the photos and the metadata where it was explained to the court, and there was no objection by the

State or court. So the Judge is implicating that we changed the metadata, and there is no proof of this. I have it in hard copy, and there is NO DATE of JULY on the Disco

Shoot Photos as stated by the Judge. He did that to satisfy Kayla’s version; he had no intention to be fair and acknowledge the evidence as all parties accepted it.

He denied that he wrote the messages contained in Exhibit “D”. He denied that the BBM pin belonged to him. He stated that his BBM pin at the time was 2A8377B7 and not 274CE541 as per the documents handed in by the defence. He denied that the BBM pin in Exhibits H1, H2, H2 (b), H2 (c), H2 (d), H2 (e) and H4 were his. He confirmed that the pin on Exhibit H2 (a) belonged to him. In addition, he denied writing the messages as contained in the Exhibits mentioned above. (5) 30

30 The Court is correct, that was a fact, yet to the Court, it meant nothing. The difference here is that the witness did not have the originals that the State advocate used. The accused had his own set with the exact same name display with his own BBM profile and pin and that of the fake profile and pin. Again that was not the only proof, and the Defense gave over 200 documents and emails confirming their evidence. We managed to get some of them. It is undeniably shocking to see the Court ignore such strong evidence to dismiss the evidence of the accused to accept a single witness word despite all the inconsistencies, lies, inaccurate dates, times, places and no one to corroborate her version. The Court further ignored that the State’s witnesses said that this witness was lying, she admitted to lying to the judge and everyone else during her time in the witness stand, yet the COURT PAGE 67

NOTES: ACCUSED

5.The BBM Pin 274CE541 is proven that belong to RAVI, not me. The evidence was overwhelming and not dealt with by the Judge. We gave emails, letters, posts on social media to prove that my profile was cloned years before I knew that it would be used in court. This was all dismissed, yet the Judge accepted and used evidence that was not accepted by my council. The court again had no intention to apply the real evidence to satisfy the evidence given to the court, yet leave it out on purpose to satisfy Kayla’s accusations.

[x] He confirmed that he was the author of Exhibit “OO”, was handed in by the defence. In essence, informing the recipients that someone had copied his profile picture and status. Further informing them, inter alia, that “ I will be back in JHB on Wednesday and the mother, model and myself will open a case at the SAPS as we already found out who this person is and get him arrested…..”. In addition, he wrote an email to Ford Models requesting information regarding the information of the individual who had given out that she worked for the modelling mentioned above agency. The defence handed a copy of the email as Exhibit “PP”. He confirmed that Denika Bischoff was one of his models but denied being a finalist in Elle Magazine. (6) 31

NOTES: ACCUSED

6. The Judge mentioned the exhibit and handed in the evidence; he does not deal with it where it is clear that the above mentioned BBM did belong to Ravi and not me; it is the point I am making in point 5 above.

[y] He denied that he ever had consensual sexual intercourse with Kemp (7) and further denied the allegation that he raped her. He stated that the allegation of Kemp that he had consensual intercourse with her at his residence is false. In support thereof, he stated that his parents never allowed him to take girlfriends home, and there was always

took the word of a single witness above all else. 31 Again these are factual documentary evidence, and they cannot be disputed. It was not argued nor dismissed. So why is the Court mentioning it, yet ignoring it, same as point 30? PAGE 68 someone at home. (8) He admitted that he gave her a morning-after pill, but that had nothing to do with the rape. It dealt with another discussion that he had with Kemp. (9) 32

NOTES: ACCUSED

• 7 – 8. My stepmother did testify that this is true. Unfortunately, I do not have any transcripts to account for what was said and the questions asked. I have the house plan presented to Kayla, where she could not even point out the room where she claimed we had sex. • I have pointed out with evidence why this never took place, and it is Kayla’s testimony that contradicts her evidence.

9 . See Point 11

[z] During cross-examination, he admitted a ploy by Ravi Rajah and Van Wyk to taint his reputation. Further that this plot might extend to other persons besides Kemp. (10) It was put to him that this fact was not put to the witness Van Wyk during his cross-examination. (11) 33

NOTES: ACCUSED

10 – Pienaar did put this to Kayla;

• We gave overwhelming evidence to prove that Kayla, Dion and Ravi sat behind this as they all were part of the plot against me that Dominique started.

• 11. This is false, it was put to Dion, and the

Judge confirmed it. I will highlight this in the transcripts of Van Wyk.

32 Again these are facts with witnesses corroborating his evidence. It has merit. The Defense does not have to prove themselves to be innocent, the State has the onus to prove the accused guilty beyond a reasonable doubt, and all we have seen so far is doubt from the witness, not the accused. His evidence is overpowering the witness in all regards to her accusations. 33 It is not speculation. There was a full transcript handed in as an Exhibit with proof of the lot, it was clear who the three people were who had that discussion before the rape allegation, and the three people, according to records was Dion, Ravi and Kayla. This is not hearsay, and this is not the accused’s opinion. This is in a verified document as part of the evidence in court. Facts are facts!

[dd] He was unable to provide any explanation as to why the contents of Exhibit “LL” were never put to Kemp (12) 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 was 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 she has only come to lie because she has been motivated by Carte Blanche. In addition, they added that she had come to court to fabricate a version against him and did not know what she would gain by making such allegations against him.

NOTES: ACCUSED • 12 – This is not Kemp; this relates to

Claudia 34

Judgement

[43] On counts 3 and 4, Kemp was a single witness who testified regarding the events of that day. This witness was highly emotional during her testimony regarding the fact that the accused had unlawfully and intentionally sexually penetrated her without her consent. (A) During her cross-examination, this witness admitted that she had engaged in consensual intercourse on two previous occasions with the accused. (B) Her mother was unable to pay the modelling fees to the accused, and she provided the sexual favour as a means of payment to the accused. (C)

NOTES: ACCUSED

• She testified about a meeting with the accused the following day wherein he gave her a morning-after pill. (D) She did not communicate with the accused again until 2013. (E) During such BBM exchange, the accused said that he did not rape her and made love to her. (E) She was adamant that he had raped her. In addition, he asked her to have a relationship with him and for pictures of her vagina. (F) The accused has a bare denial of these allegations and is adamant that this witness is just a pawn in the game of her handlers. (G) However, this allegation was never put to this witness during her cross-examination. (H) Kemp stated that the BBM message clearly shows that it was the accused who could be the only one who wrote such a message as the matters were within his direct knowledge. (I)

This witness did not immediately report this matter to anyone but subsequently did so to Van Wyk (J) and later to Louw and Carte Blanche. I duly take cognizance of this fact when appraising the totality of her evidence. This witness gave her evidence in a clear and concise (K) manner and had due regard to the nature of the allegations and her relative youthfulness at the time of the commission of the offences. One cannot unduly criticise her evidence. (L) This witness did not exhibit any bias towards the accused when she testified during these proceedings.

I pause to mention that Kemp persisted with her allegation of rape against the accused from the start and subjected herself to undue criticism, ridicule and all the other negative elements that go with the complaint of rape. She appeared to be resolute in her allegations against the accused. (M) 35

The Court is wrong in all aspects of that judgment. We have independently pointed out and shown that the Court made an incorrect judgment through this report. This witness was not clear, and she was not concise. She was only emotional due to anger and disappointment in her modelling career. This witness had no regard for the truth; she lied and made things up. She was everything but resolute. This witness had no backing in any of her accusations; everything the State used, e.g. the BBM messages, was proven to be from Ravi and not the accused. The Court was so caught up with her tears that it clogged up his ability to judge this case on merit and truth. He is so distorted by the media that he had to make false statements, misinterpret and voice facts based on the evidence presented by the Defense. This Court had no interest to give the Accused the benefit of the doubt despite his accurate and consistent version and evidence. We have studied the Leave to Appeal. It was also evident that this Judge has no concern for the proof and truth. He hides behind his power and authority to dismiss the Accused and remove an opportunity to voice all these findings in a court that would PAGE 69

NOTES: ACCUSED

• A. I have provided a lot of evidence that prove Kayla could not have been raped or had sex without her consent.

• The main fact remains that her evidence contradicts her time and placing of the alleged rape, the camp, the disco shoot, the photos, and BBM messages, her first reporting and no eyewitnesses, no DNA evidence and no collaboration of any witness she mentioned.

• B. See Notes from State and Crossexamination

• C. See Point 32

• D. There was no evidence led by the State or Kayla that I met Kayla the next day to give her a morning-after pill; she said it was given to her at the next modelling class, which was the next Tuesday, five days later.

• E. See Point 15

• F. See point 19

• G. See points 34 – 36

• H. It was put to Kayla, and the Judge still explained it. See Point 34 to 36 • I. See point 19

• J. Van Wyk said she did not tell him, Ravi told him. She said her cousin could have told Ravi, but she never told her because she was scared, another contradiction and lie.

• K. The Judge said Kayla’s evidence was clear and concise.

• a. Clear Evidence (Kayla was nowhere near clear or reliable.)

CLEAR EVIDENCE THELAW.COM LAW DICTIONARY & BLACK’S LAW DICTIONARY 2ND ED.

Evidence that is clear, unambiguous, relevant, and reliable proves something beyond a shadow of a doubt. • b. Concise - giving a lot of information clearly and in a few words; brief but comprehensive. (Kayla was not concise, she kept on forgetting, changing and lying 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.

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.

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 her hands above her head, I unbutton my shorts, I took out a condom, I opened the condom with my teeth, put the condom on my penis with my one hand and she still could not get up. 41 6. Page 183 - Pienaar caught her making up the lie that the music was loud; Pienaar put it to her that she is making up lies, and she agrees. 42 7. Page 184 – Pienaar asked her if she asked me why am I raping her; she said I said I was doing what was right; Pienaar asked her if she asked me what I meant by that, she said she did not think about that! 43 8. Page 185 – She said she arrived late afternoon; when she left, it was dark; during

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 41 Fact, her argument was not proven. 42 FACT 43 Fact, she had no answer because she was not raped.

her chief testimony, she said she left early, as I have demonstrated regarding the time 44 frame of the alleged rape 9. Page 185 – She claimed that she could not scream for help because no one was working, then when she was questioned, she changed her answer and said she

THINK no one was working. It was a normal work weekday. The Guards are there 24 hours a day. 45 10.Page 186 – Pienaar said that the guards could have heard her scream, she said no they are too far, yet Pienaar put it to her it is not even 20 meters, she claimed to her that it is still far. 46 11.Page 187 – 188 Kayla is explaining how I held her hands; she could not wiggle both her hands out of my one hand because to her I had a strong grip, with the other hand,

I unbutton my pants while lying on top of her legs, still holding both hands above her head getting my pants to my ankles. She could not remember if I had underpants on through all of that. She could not kick me off as I was lying on top of her legs. 47 12.Page 188 – She realised that this did not make sense; she changed her story and said I pushed her calf down with my foot. In that impossible position, I still managed to push my pants down to my ankles. 48 13.Page 189 – She was asked if I was standing or lying next to her; she adamantly said I was lying semi over her; basically, I was pressing her legs (calf) down with my one foot, my body next to her body while I am holding both her hands above her head

44 Fact, her version was destroyed by that lie. 45 Fact, her version was destroyed by that lie. 46 Fact, her opinion does not matter, facts do. 47 Fact, her version was destroyed by that lie. 48 Fact, her version was destroyed by that lie. That is not remotely possible to do, and you cannot have your one hand above the head of a person and with your other hand without losing the other hand to reach your ankle.

whiles her upper body is bent over the couch. I still managed while all this took place to use my other hand and get my pants loose and right down to my ankles.

“This is impossible.” 49 14.Page 192 – Kayla choked, asked for two minutes as she realised it no longer made sense. 50 15.Page 193 – She now testified that my body was NEXT to hers while in the position as mentioned above. She said my chest was facing her. I will break this down. I am lying now on my side; while lying on my side, I am still holding both her hands above her head with her upper body over the armrest, which means her lower body must be next to my chest, which makes my arms extremely bendable and long, with that I took a condom out of my pocket, unbutton my pants and pushed it to my ankles. This all happens whiles holding both her hands.

51

16.Page 194 is a massive contradiction; she said I am lying next to her, yet my pants fall to the ground. 52 17.Page 196 – Pienaar put it to Kayla that what she was saying was impossible; Kayla’s response was, “That is what happened” 53 18.Page 199 – She explained I used my right hand to hold both her hands – I am righthanded. She said while I was lying next to her on my right side next to her I used my left hand (weak hand) to put on the condom while my right hand was still stretched out above her holding her down. There are two very difficult scenarios here; (a)If

49 Fact, her version was destroyed by that lie. 50 We cant agree nor deny. We did not see the witness in court 51 Fact, her version was destroyed by that lie. 52 Fact, her version was destroyed by that lie. 53 Fact, Defense advocate was making a stand, not asking for an opinion, and based on the response from the witness it is clear she was lying. PAGE 72 I lay on the left of her body, I must have lied down on my right hand, which must be bent over an armrest; it is physically impossible to hold a person down like that, my left hand would be free to move, but the problem is it was my weak hand, and my body was against her body, I had to adjust myself to get my penis into a position to put a condom on. So this is why Pienaar said it is impossible. (b)If I were on her righthand side, holding her hands above her head with my right hand, it would mean I am now lying on my left arm, which too will completely make it impossible to do any of the things she described. (c) She was trying to create an aggravating scenario that would sound like rape. If there was any sex, this could not have been done, making her rape claim even weaker. The fact remains, her evidence already demonstrated that she did not leave, she never got picked up from her dad, and the day went on as normal where she did the photo shoot, and no rape or sex took place

54

19.Page 207 – Pienaar questioned her and asked if she saw my penis; she said yes as I rolled the condom over my penis. He asked her very specifically if she saw anything unique about my penis, like a mark or anything, she said NO! 55 20.Page 208 – This is yet another impossible position – Half her body was over the armrest, which means that her buttocks must be close to the armrest, the armrest is in a higher position, she was on the couch, which means her bum and legs was flat, my chest must be still next to her lower body. I am still holding both hands, without moving her down; I get in between

54 FACT, we tested these scenarios and he accessed is dead accurate in his assessment. 55 Fact, her version was destroyed by that lie. The Court also did not deal with this evidence.

her legs, buttocks down, upper body up, and I manage to pull her skirt and bikini bottom away and in that awkward position still penetrate her?? She made it clear that what I just explained is, in fact, a fact. This then must mean that I must have a penis at least half a meter long?? It is impossible to go up in someone while that person’s bum and vagina pull downwards. 56 21.Page 218 – She admits to lying to the court about being a virgin. 57 22.Page 240 – Page 249 – This is the messages between Ravi, Deon and Kayla with the plot. 58 23.Page 249 to 255 – I gave evidence with

Ravi pretending to be me; there is the proof where he admitted his plan and mentioned the Danica name that was used in the fake profile. The court did not believe my evidence, yet it is black and white here. 59 24.Page 256 – Kayla acknowledged that there were no naked pictures taken of her, yet she was scared I might have it on my computer. The BBM messages where she alleged that I said I would post the nonexisting naked pictures she got scared? 60 25.Page 257 – She implicates the Warrant officer Banks; she said she did tell the WO about the rape in the studio, although she wrote in her statement it was at my house.

The WO denied that she knew anything about the studio. Then Kayla told her cousin to know, yet her cousin never came to testify. 61 26.She then lied and said she did not want to tell the police or the state advocate about the studio because she did not want to

56 Same as point 54 57 Fact, her version was destroyed by that lie. 58 Fact, her version was destroyed by that lie. 59 FACT not disputed. 60 Fact, her version was destroyed by that lie. 61 Fact

answer questions!! 62 27.Page 259 – Pienaar put to her that rape is rape, yet Kayla said that it is better to say the rape happened at my house because it is more private. This is nonsense! 63 28.Page 256 – It is again weird that in 2013 out of the blue, I asked Kayla about the rape; this is just after the BBM messages between Ravi and Dion discussing how they are going to get me, and in that, I randomly ask if she is with RAVI? The issue with this is, she left my studio in 2011 after the camp; I had no business with her to worry where she models, so for me to ask a specific question about Ravi is just proof that it was indeed Ravi creating a chat with Kayla to implicate me to use as evidence against me. She knew because her answers were just as random yet perfectly put together. 64 29.Page 273 - Kayla’s evidence said the camp was two weeks before the rape, the time during the rape. She now said that she told me at the camp that she no longer wanted to have sex with me, then two weeks after the camp, I raped her. This is not true, and the camp took place six months after the disco shoot. I never saw or spoke to

Kayla again until I saw her in court. This is a massive lie, and she is misleading the court. 65 30.Page 275 – Kayla, in her evidence, said I called her alone into the room at the next class, the Tuesday, to tell her she must stop telling stories about my company, where she makes a statement that “A LOT” of models knew what happened at the camp. And it was because of that reason

62 Fact, her version was destroyed by that lie. 63 This is possible if not 100% true. 64 Fact, her version was destroyed by that lie. Fact, her version was destroyed by that lie. State could not explain. 65 Fact, her version was destroyed by that lie. PAGE 73

why I called her into the room to tell her she must stop, and this was not possible.

The camp took place six months after the disco shoot, so then there was no next class, no calling them separately into a room, no handing her a morning-after pill, no rape, everything is just made up and not possible. So HOW CAN THE JUDGE

SAY SHE WAS PRECISE AND SUCH A

RELIABLE WITNESS IF NOTHING SHE

STATED IS NOT POSSIBLE? 66 31.Page 282 – The Judge asked Kayla how long after we agreed to have a sexual relationship did we have sex with; she said two weeks. This then means we must have slept together by the beginning of August 2010, and she claimed to feel bad about

“ALL” the money I paid for all her shoots and to do modelling… The lie is clear, and she only did modelling training at the studio, which was R250 per month; there were no shoots yet, I paid no money for any shoots that could not have taken place yet. She only did the Disco shoot, which was a free shoot; she said she left before the shoot, yet she cried by Dion that she never got those photos. The only other shoot I know of with us she took part in was at Du Rust 6 months later. It was a sponsored calendar shoot. So again, it is just proof that the rape just could not have happened, and her excuse for agreeing to have consensual sex with me does not add up as per page 282! 67 32.Page 284 - She said at the camp I was only sleeping with her, but she knows that

I slept with many other girls. There was no proof of this let by the State. It is hearsay. 68

66 Fact, her version was destroyed by that lie. PLUS we also question the Court’s statement and finding? 67 Fact, her version was destroyed by that lie. 68 This is an interesting point, this show motive why she lied, it was revenge that the accused PAGE 74 33.Page 284 – She said the next time at my house, she was watching my kids, Yolandi was a state witness and my children, and that was never mentioned to any of them to confirm this. 69 34.Page 287 – if the rape took place after the camp, it must have happened in March April 2011; the disco shoot took place just as she stated in her chief evidence that it took place on 02 September 2010. So here is she lying again because she cannot place real-time and real events together? Again, it was like she was sticking to a script with wrong facts. 70 35.Page 295 – Kayla now tells the court I took her virginity, yet she admitted to Pienaar she had a sexual relationship with SPIROS, who she knew what before she met me!! 71 36.Page 301 – Pienaar asked Kayla again about my penis; she again she do not remember anything that stood out. Right after the cross-examination, we offered a medical expert to look at my penis and show the court what Kayla was stating was a lie; I went to the bathroom, took a photo, and it was accepted into the record evidence. This was direct proof that Kayla never saw my penis, and the Judge failed to deal with this evidence. 72 37.Page 303 - Kayla said to Pienaar, my children will testify that we had sex; the

State never put that to me or my kids. 73 38.Page 308 – Kayla said no one was watching my kids, yet Yolandi, the kid mother, was there for that exact reason, and she never testified that Kayla was watching the kids.

showed no interest in her. 69 Fact, her version was destroyed by that lie. 70 Fact, her version was destroyed by that lie, undisputed and no explanation given by the State. 71 Fact, her version was destroyed by that lie. 72 FACT, court accepted the evidence and this was not dealt with by the Court in the judgment. 73 Fact, Witness was not called. Hearsay

PALAVER’S FINDINGS

As stated before, this is a sensitive matter, and as an organisation, we are aware of the nature of the charge and the person mentioned. However, we must assess facts and provide an accurate non compromised finding.

We had to study many documents, and we again found that the accused was wrongfully convicted.

There is no doubt that the court did not look at the Rape charge in its isolated form. The court was wrong and misdirected itself by ignoring facts, evidence and taking the emotions from Kayla as more value, including the influence of the media over everything the Defense argued. Looking at the evidence and the judgment, including the chief testimony and cross-examination, there are more than enough proof and doubt not to give a guilty finding.

David is correct by calling the justice system out for failing him and his family despite all efforts to get a fair trial and a justice willing enough to assess the facts as set out in this report. I am taking my hat off for his accuracy and the amount of work put into his case assessment.

I can conclude to say it is a disgrace to see how willing a sitting judge and a state advocate is to create a case to prove a point. This man is convicted and given a life sentence for something he factually did not do. This should not have happened, and sadly there are no consequences to the authorities involved. We will make this report available to the public and use all our resources to broadcast this on every news and TV channel to voice this injustice.

This family approached the Supreme Court of Appeal, and according to them, there are no prospects? Not only did they just say no, but they did not provide the reasons why? We might not be a sitting justice, but to assess and investigate findings like this and see a specialised court deny a person the opportunity to appeal is causing us to ask many questions. We want the people around us the globe to start asking these very questions. We will attach all documents.

Acting Judge Casim Moosa