Sex video for ‘personal use’

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Darren Mogany, 18, left, accused of raping a former classmate and of child pornography, a charge relating to a cellphone video clip, and his brother-in-law and co-accused Adish Deonarain, right, outside the Durban Regional Court.

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Durban - A Merebank teen, accused of rape and of child pornography after recording the alleged offence on his cellphone, has said the video clip was meant as a memento for his “personal use”.

Darren Mogany, 19, told Durban Regional Court magistrate Sharon Marks on Wednseday he did not intend to cause harm to the complainant, a former classmate with whom he had had previous sexual relations.

“I realised what the complainant and I did was wrong, and I wanted to end it. So I made a video as a remembrance. The purpose of the video was so that I could view it. I did not intend to cause her any harm,” Mogany said.

He testified that on July 30, 2010, the day of the alleged incident, the complainant came on to him. He said the complainant kissed him and unbuttoned his shirt before he partially undressed her and had consensual sex with her.

The State alleges that the complainant, now 19, was drugged and raped by Mogany and his brother-in-law.

Mogany and Adish Deonarain, 26, have pleaded not guilty to rape and the creation, distribution and possession of child pornography.

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The court heard that a video clip of the alleged offence had been doing the rounds from the day after the alleged incident until February last year, when the video found its way to the complainant’s aunt, who notified the former classmate’s parents.

Mogany said that when the complainant confronted him about the video on the Monday after the incident, he had deleted the video there and then.

“(The complainant) told me she was upset, but she said as long as her parents didn’t know about the video, she was fine.”

Mogany denied transferring the image on to any other device, but told the court that another friend had borrowed his cellphone that day to download songs.

The friend he referred to had testified that he downloaded the video to his cellphone, but deleted it that same day after his girlfriend shouted at him for having it.

Mogany testified that, after they had sex, they fell asleep. He said he was awakened by Deonarain, who wanted to share the news that he had passed his driving test.

Deonarain asked him for a cigarette and stepped into an en suite bathroom. He said the complainant followed Deonarain and the two were in the bathroom for a few seconds before Deonarain left.

Mogany said he asked the complainant why she followed Deonarain, but she remained silent. He said Deonarain told him the complainant offered him oral sex, and that he had declined.

Mogany returned to the bedroom and fell asleep next to the complainant.

“When I awoke, I knew it was late and that she had to go home or she would be in trouble. When I tried to wake her, she mumbled. I then took my cellphone and recorded her lying in bed. She wasn’t aware that I was filming her. When she woke up, she got dressed and left.”

The court heard that the video showed Mogany assaulting the complainant with a beer bottle and placing a seemingly used condom on her face.

Mogany said he did not realise it was an offence to create or possess such a clip.

Prosecutor Krishen Shah, during cross-examination, put it to Mogany that he was jealous that the complainant offered Deonarain oral sex and had made the video in an attempt to “dehumanise” her.

Mogany disputed the allegation. “I wasn’t in my right state of mind. I don’t know why I did it,” he said.

Mogany also disputed evidence by a State witness that he had bragged about the video clip to other boys in the house and made fun of it.

Deonarain, who lived with the Moganys with his wife and baby daughter, testified that when he returned from passing his driving test “there was a party going on”.

The court heard that it was the birthday of the complainant’s friend.

Deonarain said he had wanted to share the news with Mogany and went upstairs, unaware that Mogany was with the complainant.

“I walked into the bedroom and saw (Mogany) in his boxer shorts and the complainant with her skirt lifted and her shirt undone.”

Deonarain said he asked Mogany for a cigarette and realised at that moment that he needed to relieve himself. He stepped into the en suite bathroom and was about to undo his zip when he heard the complainant behind him.

“She leaned against the wall and asked if I would like to f*** her body. I said no and left the bathroom. I went downstairs to gather things for my child, who was at a neighbour’s house. When Mogany asked me what had happened, I told him the complainant offered me oral sex.”

Deonarain said he believed that the charges were levelled against him because he rejected the complainant.

During cross-examination, Shah asked why Deonarain’s version that he had spent a short time in the house before going to fetch his child had not been put to the complainant.

“The complainant said you were in the room having sex with her at the exact time you said you were fetching your child… Why was that not put to the complainant?” Shah asked.

Deonarain said he was not aware he could raise his hand to speak to his attorney during the complainant’s evidence.

Asked by Marks why he had told Mogany the complainant had offered him oral sex, he said: “It just came into my head. He would not be happy if I told him she offered me sex after he’d just had sex with her.”

The trial was adjourned to later this month for closing arguments.

rizwana.umar@inl.co.za

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