YOAV DAGAN

ANNEXURE D: ESTIMATION OF THE TIMING OF UN-TIMED PHOTOGRAPHS

  1. The following photographs are used in my presentations and I have estimated their times as follows:

(1) Image taken from Exhibit L, slide 198. Estimated time: 15:50:15:00

(2) Image taken from the internet and unexhibited (‘Pinterest photo’). Estimated time: 15:51:49:00

(3) Image taken from Exhibit L, slide 188. Estimated time: 15:51:51:00

  1. Below, I set out the reasoning for those estimations.

IMAGE 1: Image taken from Exhibit L, slide 198

  1. Slide 198 contains an image of Mr Noki leading the lead group of strikers to the northern side of Nyala 5. At the time of the image, Mr Noki is at the very front of Nyala 5.
  1. According to the spreadsheet ‘JJJ194 series times MC’, Exhibit JJJ194.13 commences at 15:50:22:00. Exhibit JJJ194.13 shows a scene which clearly follows this image. When Exhibit JJJ194.13 commences, the lead of the front group of strikers has passed by the northern side of Nyala 5 and is heading in a north-easterly direction. The front of the group is not immediately visible because it is obscured by bushes and a police member in the foreground of the shot. However, at 15:50:24:12 the front of the group becomes visible through the bushes to the right of the shoulder of the police member in the foreground of the shot.
  1. I have estimated that the front members have walked approximately 10 - 12 metres between the image in Exhibit L slide 198. On the basis of the speed at which the group are moving in JJJ194.13, I estimate that this would have taken approximately 10 seconds.
  1. Accordingly, I have estimated Exhibit L, slide 198 at 15:50:15:00

IMAGE 2: Image taken from the internet and unexhibited (‘Pinterest photo’) (

  1. The unexhibited ‘Pinterest photo’ shows the lead group of strikers walking towards a gap between Papa 5 and the kraal. Mr Noki is visible.
  1. The photograph was clearly taken around the same time as Exhibits JJJ194.15 and JJJ11.01515 and slide 188 of Exhibit L. It appears that the the photographer is visible in JJJ11.01515 directly above the crossroads to the left of the kraal.
  1. According to the spreadsheet ‘JJJ194 series times MC’, Exhibit JJJ194.15 commences at 15:50:38:00.
  1. In Exhibit JJJ194.15, at 15:50:42:00, the lead group of strikers becomes visible, walking left to right of screen, perpendicular to Papa 5 (whose shadow is visible). At 15:50:44:00, a man with a pale beige top and bald head is visible, approximately 6 metres short of a green bush.
  1. In the Pinterest image, the same man in the beige shirt with bald head is visible to the right of the picture. At this time, he is to the right of the same green bush, but has just passed it. On my estimations, the man has moved forward by approximately 7 metres which – given the speed of movement visible in JJJ194.15 - would have taken approximately 5 seconds.
  1. Accordingly, I have estimated the Pinterest image at 15:51:49:00

IMAGE 3: Exhibit L, slide 188

  1. Exhibit L, slide 188, shows the lead group moving forward. Mr Noki is visible. Nyala 4 has just passed the trailer of Nyala 5 (the barbed wire of Nyala 5 can clear be seen behind the front of Nyala 4)
  1. Clearly this picture is taken at around the same time as Exhibits JJJ194.15 and JJJ11.01515 and the Pinterest image.
  1. Exhibit JJJ11.01515 is timed at 15:51:47:00. In that image, Nyala 4 has not yet passed the trailer of Nyala 5. Accordingly, slide 188 clearly comes after 15:51:47, but must have been taken within 5 seconds of that image because Nyalas 4 and 5 remain in close proximity.
  1. It appears that the man with a beige shirt and bald head – identified in the Pinterest photo and in JJJ194.15 - can also be seen to the right of slide 188, between a man in a brown top and a man in a blue top. There is no evidence of the green bush that he is seen passing in the Pinterest image, so it appears that slide 188 follows that image.
  1. Accordingly, I have estimated that the photograph in slide 188 was taken at 15:51:51:00

IMAGE 4: Slide 3 of Exhibit RRR15

  1. This image shows a group of strikers running with their heads down and blankets over some of their heads. At the right centre of the shot is a man wearing beige with red socks showing. He has his left foot raised.
  1. The exact same position of the man in beige is captured at 15:53:50:00 on Exhibit JJJ194.17. Accordingly, that is the time I have given to the photograph.