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The judge has claimed that the sexual interactions between him and Mengo were consensual, while the latter alleges sexual harassment.
Dr Vincent Mello – an expert in Information and Communication Technology (ICT) – testifying at the Mbenenge hearing. Picture: RSAJudiciary/X
Dr Vincent Mello, an expert in Information and Communication Technology (ICT), questioned the format of some of the photos allegedly sent by Eastern Cape Judge President Selby Mbenenge to judges’ secretary Andiswa Mengo.
Mello took the stand on Thursday after he was called by counsel for Mbenenge.
He was asked to assess the usage of emojis and the disputed pictures allegedly exchanged between the two.
“According to research, 92% of people use emojis. One would say they have substituted the verbal or text language that was commonly used. To date, there are over 3 600 emojis; that being the case, it’s a field that is growing, expanding on a regular basis,” said Mello in his testimony.
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The judge has claimed that the sexual interactions between him and Mengo were consensual, while the latter alleges sexual harassment.
Mello told the tribunal that Mengo and Mbenenge used emojis 189 times. Mbenenge used them 97 times and the complainant used them 69 times.
These were the emojis used and their frequency
- Emoji for rolling on the floor laughing: Mbenenge – 20 times, Mengo – 28 times
- See no evil monkey: Mbenenge – 24 times, Mengo – 20 times
- Winking face: Mbenenge – 2, Mengo – 1
- Thinking face: Mbenenge – 7, Mengo – 0
- Flushed face: Mbenenge – 0, Mengo – 3
- Winking face with tongue: Mbenenge – 1, Mengo – 0
- Squinting face with tongue: Mbenenge – 0 , Mengo – 1
- Raising hands: Mbenenge – 0, Mengo 1
- Folded arms: Mbenenge – 1, Mengo – 0
- Crossed fingers: Mbenenge – 0, Mengo – 1
- Ear with hearing aid: Mbenenge – 3, Mengo – 0
- Woman face palming: Mbenenge – 0, Mengo – 1
- Smiling face with hallow: Mbenenge – 3, Mengo – 0
- Slightly smiling face: Mbenenge – 0, Mengo – 1
“It is my opinion that 99% or a good number of accuracy, the emojis were used accurately. There are two I would like to mention. There is the peach and the eggplant,” said Mello.
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“When you go to emojipedia, it does make reference to say a peach generally represents, if I am permitted to use, the bums, and the eggplant may represent a male private part. However, according to Emojipedia, in 2015, there was a campaign on Instagram to ban the usage of the eggplant in that context.”
Mbenenge photos
Mengo has accused Mbenenge of sending her a picture of his private parts.
ALSO READ: ‘Not much mutuality going on,’ says witness about texts between Mbenenge and Mengo
The alleged picture in question, which was subsequently deleted, was sent on the evening of 17 June 2021. Mbenenge, the first senior judge in the country to risk impeachment for sexual misconduct, has denied sending the image.
The complainant told the tribunal it showed “his private part with hair exactly the same colour of his hair on his head”.
He also allegedly sent her pornographic pictures.
However, Mello said some of the pictures were inconsistent with the WhatsApp format.
“Based on my analysis, it is clear that the photos are below the typing message area and they depict as though the message was still being compiled, and possibly, it was a screenshot taken. A message that would have been sent would have had the ticks, but I didn’t see them as I expected. The photos are not consistent with the WhatsApp template or indicate that they were sent,” said Mello.
“The photo [of Mbenenge’s private part] cannot be confirmed if it was from WhatsApp, since it is not consistent with the WhatsApp template or format. You don’t see the name, followed by a typing space.”
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