COUNT 8 - SELF SEXUAL ASSAULT

Shayna Daniels (‘Daniels’), the complainant on counts 8, 9, and 10 testified, inter alia, as follows

[a] She was born on 12 December 1988. She first met the accused on facebook and during this exchange he told her that he wanted to meet, with a view to her subsequently approaching various schools about Modeling Cup, as a career.

NOTES: ACCUSED • No she approached me to become a FHM

Homegrown Honey

• She only later said she would also be interested in helping with Model Champs

SA

[b] She subsequently met with him at his offices in Bryanston during February 2008. The accused spoke to her about his modeling campaign and Modeling Cup. He showed her photographs and she recognised many of the girls on his computer. 1

NOTES: ACCUSED

• I cannot recall showing her any photos on my computer

[c] The accused then told her that he needed her photographs and that he required these for his partner Dominique. (1) He indicated that he would take the photographs and she agreed. (2) The accused then took a head shot of her, whilst she was seated on the couch. (3) The accused then asked her as to what style of photos she would shoot, whereupon she replied that she was versatile. (4) She told him that she could send photographs from her portfolio. (5) The accused asked her if she could pose in swimwear and lingerie, to which she replied that she could do both. (6)

NOTES: ACCUSED

• 1. No I said if she wants professional photos done she would need to ask Dominique, I was not a photographer and had no equipment to do shoots. Dominque and Nicole did the photos. I only did the event planning for the Model Championships

• 2. It was only after she insisted to take it with the digital camera I had.

• 3. There was never a photo like this presented by the state.

• 4. We discussed her wanting to become a homegrown honey for FHM, She stopped on the way to a lingerie shoot by me to discuss this. I made it clear we do not deal with FHM and she will need to go ask

Dominique to take pro photos.

• 5. Can’t recall her ever mentioning this.

• 6. She suggested that I take photos with a basic camera just for her own use. Maybe I could see if she has talent. I agreed to tke a few shots, but it was with a very basic camera (It was a digital camera)

[d] The accused kept assuring her that she had the look, drive and passion to be a model and to be in the industry. (7) The accused then said to her that they would proceed to the studio in order to take photographs. (8) She told him that she did not have any swimwear or lingerie at that stage. The accused told her that it did not really matter as the photos were only for himself and Dominique and that they would be the ones viewing them. (9) 2

NOTES: ACCUSED

• 7. I did think she was pretty enough to be a model, she was very persistent and she was not shy and I believed with the limited knowledge I had about FHM she could do it.

2 Based on the available information, the accused did not do photography. He had no equipment nor knowledge to lead a model in a shoot.

• 8. She never said anything that she didn’t have, the discussion was not what we going to take photos in, it was done in the clothes she had on, she then took her clothes of as we took the photos to the point where she had nothing on.

• It was a lie that she must go to the “Studio”, she was told to go wait outside at the pool,

I later found her upstairs in my bedroom.

She did not want to take photos at the pool. If she was told to go to a studio, then it means I must have camera equipment which she did testify was not a professional camera, so why would I have a studio yet I have no camera equipment.

• Then also when she noticed it was just a bedroom, why was that not questioned?

Because she is making this all up.

• She even forgot about her lies and said that I used “STUDIO LIGHTS” which was impossible because the digital camera could not be used with studio light.

• 9. I did not say it was for me, it was for her.

I was not going to use it for anything that is why I gave her the photos when we were done.

[e] The accused then led her upstairs and into a bedroom, which she thought was a studio. (10) He told her that he was going to take photos of her, whilst continually telling her that she had what it took to be successful in the industry and that she would do well. (11) 3

NOTES: ACCUSED

• 10.Clear contradiction from her, I did not led her to the bedroom, she went there herself. She was supposed to be at the pool outside. We did discuss the camera and it already then was clear that she must

3 There is no trial record to verify the information. We have the judgment and the notes from the accused. We cannot do a proper investigation outside the documents that were handed to us that form part of the docket. go to Domique to do a professional shoot, why would I tell her I am not a photographer who has no equipment, yet I make her believe we going to shoot in a studio?

• 11.No ideal what this means

He told her that he needed photographs of her in only her underwear. She responded by telling him that she was wearing unmatched underwear and that she had not come prepared for a photo shoot. The accused kept telling her that she was beautiful and that she should do the photoshoot in her underwear; further that the photographs were only for reference purposes and for the consumption of Dominique. (12)

NOTES: ACCUSED

• 12. I did not ask her to shoot in her underwear, that was her suggestion during the photos. She took her clothes of and said it was for her own portfolio.

[f] She complied with his request and the accused began taking photographs of her in her underwear, whilst continually complimenting her on her beautiful body. The accused then instructed her to remove her bra, to which she responded that this was not agreed upon at the commencement of the photo shoot. She was reluctant to comply and said that she did not want to remove her bra. The accused then approached her with a view to assisting her in removing her bra. She held onto her bra and chest, whereupon the accused told her that he would show everyone what a whore she was by allowing herself to be photographed in her underwear. (13) 4

NOTES: ACCUSED

• 13. There is a massive problem with this statement, we are in the process of taking photos, I only have unprofessional photos

4 This does not make sense. The accused is trying to get her to pose with no bra. She refuses and threatens her? That will automatically expose him should she report this to the SAPS? PAGE 99

which at this stage must have been in her clothes she had on, I ask her to remove her bra and if she is not going to do it I will expose her? I then also helped her removing her bra and with all this going on she must have been extremely uncomfortable already and wanted to leave? Yes she does not leave and as the naked photos that was handed in as evidence she never looked upset yet more if she was enjoying herself.

• I NEVER took her bra of or even suggested she should.

The accused insisted that she take her bra off whereupon she reluctantly complied and said to him that she would not show any of her body parts. The accused instructed her on the positions that she should take up whilst he continued taking photographs of her, whilst she was on the bed. (14)

NOTES: ACCUSED

• 14.I did not insist on anything.

[g] A short while later, the accused then came close to her and instructed her to now remove her underpants and to pose as if she was enjoying it, failing which he would let everyone know as to how quick she was in removing her clothes. (15) She told him that she was uncomfortable with what was happening and he responded to her that no one is going to see the photographs of her. He further told her that if she did not comply he would make sure that everyone would know what a whore she is and that no one would respect her, and that she was easy. (16) Further, that he would post her photographs on the internet and which would result in her parents knowing how cheap she was. (17)

NOTES: ACCUSED

• 15. I did not ask her to remove any of her clothes, according to her she was already uneasy as I keep on threatening her and then instruct her to “Look like you enjoying it”?? Again, according to her I threaten her • 16. She is repeating the same thing,

This was clearly a lie and when Pienaar questioned her I remember she got upset and the judge had to warn her with regards to her language in court.

• 17. If this was true she would have had evidence to prove she was forced to take these photos.

[h] The accused then got onto the bed from behind her and put his arms around her whilst holding tightly onto her. He then said to her “Look what you doing to me, and that he has not had a woman touch him in a very long time”. Further said that “no woman has made him this hard” whilst rubbing his penis against her buttocks. She told him that she was not comfortable with what was happening and that she wanted to leave. The accused responded by squeezing her and holding her tighter. She tried to wriggle out from his grip, but he just continued squeezing her tighter whilst rubbing his erect penis against her buttock. She felt very intimidated by the accused. (18)

NOTES: ACCUSED

• 18. Just this alone is clear proof what she said is NOT possible, I had a baby 3 children already with Michaela my daughter who was just born. So, how is it possible that no woman has touched me in a long time yet

I am engaged and living with the mother of my kids? “no woman has made him this hard” Again a clear made up lie, how could

I say this? This made NO sense at all.

• Here is the thing, she is lying butt naked on my bed, I go lie behind her only to rub myself against her, surly if I was that aroused I would have had sex with her? She left and did not say a word about this to her friend who apparently gets told everything? She was almost raped by a man she barely knew and the only concern

Transcript Page 468 para 3 (Botha) - Yes. --- Okay. Well, Cheynad came to me. Because she is my best friend she phones me about everything. She phoned me up and she was in tears. If I can remember correctly we met in my car. You can proceed, madam. --- If I can remember correctly we met in my car and she came to me and she told me about a photographer that had taken photos of her. COURT: Sorry, you met in your car and then? --- Yes. She came to my car and obviously I could see that there was something wrong. She started telling me the story about how she went to a photographer. Just a moment. She went to a photographer? --- She went to a photographer and was forced to take naked photos or get undressed for these photos. She said she was very concerned about the…[Intervenes]. She was forced to take naked photos? --- Sorry? She was forced to take naked photographs? --- Ja, well, to get undressed for photographs. MS PERSAD: Yes, madam. --- Okay. She was just telling me about the… I cannot remember the details of what she told me, but she told me that she was very worried about these photos that were taken. That she went to his house. They had taken photos of this and she had come to me, she was crying and that she was worried about… [Intervenes]. COURT: Just one second. --- Sorry. I though it was this recording it. The writing down, oh, okay. She was crying? --- She was crying and I tried to console her as much as possible, to tell her not to worry about it. That if anything had to come up with the photos or anything that we would deal with it at that time. 5

5 Looking at the witness of Shayna, her friend Botha said the witness told her she was worried about the photo and what would happen to them. We do not see Botha confirming any details about the sexual assault?

NOTES: ACCUSED

• THIS IS PROOF THAT SHE MADE UP THE

WHOLE STORY ABOUT ME PUSHING

MYSELF AGAINST HER, IF THAT WAS

TRUE SHE WOULD HAVE TOLD BOTH,

THIS IS EXACTLY WHY PIENAAR DID

NOT EVEN QUESTIONED HER ON

THIS! THERE WAS NOTHING BUT

HER CONCERN ABOUT THE NAKED

PHOTOS.

[i] The accused subsequently let her go and she got dressed. She asked the accused to delete the photographs as she was not comfortable with them. The accused then apologised to her for his conduct and added that he did not know what came over him. He thereafter informed her that he would delete the photographs and told her that he liked her and that they should go for coffee sometime. The accused told her that she must not forget to attend the training, as it would be a great opportunity to meet with Dominique. She attended the training and that was the last time that she saw the accused.

NOTES: ACCUSED

• I did not apologise for something I did not do or at least didn’t see was a problem, If

I wanted to hide anything from this I would have deleted the photos but I have her a copy and kept the others.

[j] On 28 March 2009 at 6.36pm, she received an email from the accused’s fiance, Yolandi Jacobs (‘Jacobs’), wherein she accused Daniels of being a home wrecker and cheap. This mail was also copied to the accused. On 30 March 2009 at 10.23pm, Jacobs forwarded her a further email, attaching the photographs of Daniels that were taken by the accused in the bedroom.

NOTES: ACCUSED

• Yes Yolandi did email her, Yolandi testified saying she took the photos from my computer to hers and emailed Shayna

wrote to Jacobs wherein he stated, inter alia, that “I will murder that slut believe me”. She identified and confirmed the email exchange that took place between herself and Sims which was handed in as Exhibit C, during the evidence of Sims. In addition, she identified herself in the 3 photographs that were taken in the accused’s bedroom.

[k] Her email account was hacked and she opened a criminal case in this regard. The hacker was emailing her from her own email account. She received threats to send more photographs. She refused to comply and the culprit said to her that her photographs would be posted on social media. The photographs were posted online and her contact details were included on the page.

NOTES: ACCUSED

• There was no proof of a case or any emails being hacked, she claim this was me yet there was never any proof from the state to confirm this, Pienaar made it clear this is not true and hearsay.

[l] She informed her friend Felicia Botha about this matter and more especially about the emails that she received from Sims. She did so as she did not have anyone else to turn to, at that stage, and due to the fact that the accused made her feel worthless and dirty. She was trying to deal with it on her own and wanted the incident to go away. (A) 6

NOTES: ACCUSED • A. There is NO proof of Botha testifying that

Shayna discussed the emails to her. This is made up by Judge Moosa. See transcripts above in point 18

[m] She commenced her modeling career at the age of 18 and had done photo shoots in underwear and lingerie for her portfolio. However, she had never done any “implied nudity” poses before the day when she went

NOTES: ACCUSED

• LIE – Ill attach the photos

[n] She confirmed that she had appeared on Carte Blanche and had only told her mother what had happened to her and what the accused had done to her, after the broadcast. She stated that the accused had made her feel dirty and worthless.

[o] She met Dominique Rensley at the training session and after she opened the criminal case against the accused at Edenvale SAPS. He did not urge her to open the criminal case against the accused.

NOTES: ACCUSED

• Pienaar questioned about this case and there was none

• [p] She stated that she was approached by a lady from Carte Blanche who told her that there a few cases against the accused and asked her if she would give a statement. She agreed to give a statement and to appear on the broadcast.

[q] She vehemently denied that she falsely implicated the accused. She further denied the allegation that Dominique and his wife had prompted her to falsely implicate the accused.

[r] She denied the allegation that she was the one who told the accused that she needed photographs of her in lingerie. She further denied the allegations that she had insisted that the accused take the photographs with her personal camera, and that he subsequently upon her insistence used his digital camera to take the photographs.

NOTES: ACCUSED

• See there was no professional camera used, meaning no lights = She is making this up.

[s] She denied the allegation that she unilaterally went upstairs to the accused’s bedroom and waited for him in her lingerie and that during the photo shoot she began undressing on her own. She stated that the accused was very manipulative and due to the fact that he had realized that she was new to the industry, he preyed on her. She further denied that the photographs were taken with her co-operation and free will

NOTES: ACCUSED

• LIE – She was not new to the industry (See attached photos)

[t] She told the court that the reason why she cried during her testimony was due to the fact that recollection of the ordeal pains her, as she had never spoken openly about it before, and that she feels degraded by this incident.

That in essence concluded the evidence of the 7th witness, Daniels

Judgment Defense Evidence

[f] Counts 8,9 and 10 (Daniels): He had been communicating with Daniels on facebook, for a period of time. On this day of their first meeting, she informed him that she was on her way to a casting 7 and wanted to meet with him in order to discuss few opportunities in the modeling industry. He agreed to meet with her and they accordingly met at his residence cum offices in Bryanston. She informed him that she would like to be a homegrown honey for FHM magazine. He informed her that he was only involved in championships and does not work with FHM magazine. She explained to him about the competition and asked him if he could help her with the taking of some photos of her in lingerie.

[g] He told her that he was not a photographer at that stage and could speak to Rensleigh, on

7 This casting was a lingerie shoot, yet according to her testimony, she did not have matching underwear? her behalf. She responded by advising him that she did not need professional photographs. He informed her that he had a Samsung digital 8camera at the time. He informed her that he would prefer using his camera over the one that she had in her motor vehicle. They agreed and he thereafter informed her to wait for him near the swimming pool, as he had some work to complete.

[h] A short while later he proceeded to the swimming pool area, and discovered that Daniels was not there. The domestic worker informed him that she had seen Daniels proceeding upstairs.

[i] He the walked upstairs and came upon Daniels who was sitting on his bed, in only her jeans and bra. He then commenced the photo shoot which subsequently ended in Daniels being completely naked and posing on the bed. She initially removed her jeans, thereafter removed her bra and finally her g-string panty.

[j] He denied that he had asked her to remove her panty or to be naked. She did not object when he took the naked photographs of Daniels.

[k] He denied ever telling Daniels that Rensleigh was his business partner and that he would need to approve the photographs. He only told her that if she required professional photographs then he would refer her to Rensleigh.

[l] He denied ever making any physical contact with her during the photoshoot and further denied ever telling her as to how easy she was and that she was a whore. He did not hear from Daniels after the photo shoot, and further denied ever personally threatening to kill Daniels

8 This confirms the accused’s version that it was only a digital camera. We looked at Samsung SLR or similar cameras, and none, especially not at that time. A Samsung digital camera does not work with professional studio lights. That contradicts the version of the witness. PAGE 103

[m] He denied ever writing any of the emails from the email address dawie@samodelchamps .co.za, as his access was deleted after the fight that he had with the Rensleighs.

[ff] He admitted that he would accept the evidence of Daniels when she says that she did not receive her photographs from him. He stated that he had done her a favour in taking the photographs and that he could not remember about what exactly happened, after he saw her sitting on the bed with her jeans and bra. He maintained that the events took place as he had testified in his evidence in chief. The poses in the photographs came from Daniels and he did not instruct her therein. Her behaviour was sensual and sexy and he did not stop her when she was removing her clothes, as he was of the view that is what she wanted

[gg] He denied receiving the mail of Sims dated 28 March 2009, as he was in Margate and that he did not have access to his mails as the Rensleigh’s had terminated his email account. He further denied sending the mail at 7.36 pm to Sims, as he had no access to the email account - dawie@samodelchamps. co.za. He denied that he was the author of the email exchange between himself and Sims and was of the view that the Rensleigh’s were the authors of the mails. However, he could not recall as to whether this allegation in respect of Exhibit “C” was put to the Rensleigh’s, during their cross examination.

[hh] He stated that Sims lied in her emails (Exhibit “C”) and stated that it was her opinion that he was the only one who had knowledge of the matters discussed therein. He stated that the motive that she had was because she was hostile as a result of their breakup and further that he had reported her husband to the authorities, for consuming drugs.

[ii] He stated that Daniels was lying to the court about the allegations against him and that she is melodramatic and a drama queen. He stated that she was method acting during her testimony in court, by crying and being emotional. He was of the view the reason Daniels implicated him is because she is embarrassed about the mails that she received from Sims and that in order to justify herself she made the allegations of a sexual nature against him, through the help of Carte Blanche.

He stated that it could be possible that the plot between Ravi Rajah and Van Wyk extended to Daniels, as well. He agreed that this version was never put to Daniels during her cross examination.

Judgment

[45] Shayna Daniels testified in respect of Counts 8, 9 and 10. She was adamant that the accused unlawfully and intentionally incited her to remove her clothes and took nude photographs of her. This witness was highly emotional during her testimony and her evidence regarding the incident has been corroborated by her friend. I have weighed up the totality of the evidence and not convinced that the accused’s version of the events is to be preferred over that of this witness. The accused’s version on these counts is riddled with inconsistencies. I have found her evidence to be credible and satisfactory in all material respects, regarding the allegations on counts 8 and 9

NOTES: ACCUSED

• Her friend DID NOT Corroborate her testimony, she only spoke about that she was with me and she took naked photos.

NOTHING else

PALAVER CONCLUSION

There is much speculation from this witness and much doubt. When we put the evidence together to find the crime, we could not get to that as the judge did in his judgment.

Shayna made this massive claim that she was sexually violated and gave this account of everything in the accused home. It is farfetched and unrealistic to put it together with all the evidence. It is impossible to get them the witness and the accused actual testimony; all we have to rely on is the judgment and notes. It is just impossible to trust the judgment, and even without the entire court record, we still do not find enough proof that this crime is confirmed. There are a lot of accusations and no evidence.

The State needs to prove the accused guilty beyond a reasonable doubt, and this is not the case here.

Shayna did not disclose this to her best friend, and she was only concerned that someone might see her photos. She decided to take nude photos and regret the accused fiance saw them and went at her on discovery. It was not a matter of crime, and it was an embarrassment.

Looking at Shayna’s conduct and what she was all about during these events, it was no secret that she liked to take nude and seminude photos. We have discovered shocking material during our investigation. Yet, she cried wolf on TV and the court witness bench as if she was innocent. She was no angel.

Dominique, his wife and Shayna did use that shoot as an attack.

Regarding the emails, the accused explained how they could be accessed and used from a server; that is a fact and was not considered by the Court. On technical issues like that, an expert should testify.

Again the Court displayed a bias against the accused..

#biasaagainsttheaccused #NoProof #BadJudgment