GUILTY South Africa - Jayde Panayiotou, 28, Port Elizabeth, 21 April 2015

[Interested Bystander]

It beggars belief (that old well known phrase again) that some SA's resort to murder so easily. Life is very cheap there and I have read this week in the UK press that the murder rate is increasing. I hope P is put away in a nasty prison for life. This is not murder due to a grievance but a purely selfish wish of a very nasty piece of work who went out of his way to avoid being caught.

 

[JudgeJudi]

Sorry for not being able to post the tweets tonight but it was busy over on HvB. I'll start putting them on now.

Defence Adv Terry Price accused State Prosecutor of misleading the court during his closing arguments.

Heads of argument for Defence a whopping 136 pages.

Price talks about how the law changed after 1997 and starts his argument about evidence being obtained illegally

Price will argue that alleged middleman Siyoni was assaulted and therefore evidence was obtained illegally

Court cannot take any of Mawonga`s testimony seriously, he is the worst witness ever to step in box

Price says he was a police, a prosecutor and now a defence advocate, says this is the is a `dirty case`

Price says Stander DID get involved in the case on the day Jayde`s body was found- Stander`s boss had no reason to lie

Price makes first mention of the now infamous pocket books in this case he starts with Kanna Swanepoel-lead IO

Price says 4 days before Swanepoel said he got involved in case, he was already meeting with McClaren

https://twitter.com/alzammer

 

[JudgeJudi]

Price says Stander argued about an entry from Adv Swanepoel`s diary, which is not before court.

Price says the evidence of who phoned who for permission on sting is confusing.

Price highlights pocket book entry stating that Siyoni was requested to take part in sting, he did not offer as testified

Price highlights foul language used with Siyoni and the fact that photo`s of Jayde`s body was shown to him

Price says either Swanepoel and Eksteen lied or Advocate Gounden. Why would he lie?

Price says Stander failed to call vital witnesses. Siyoni`s first two lawyers?

Price says he commends Ngezi who was eventually the first person who had a real interest in Siyoni

Price says every person has a right do life and dignity (including Jayde)

Price: questions why times of arrest were changed in occurence book at Kabega, in black pen. Who? Why?

Why did State call Mayi a serial liar?beater upper`. Siyoni testified to something he did with other suspect. Coincidence?

https://twitter.com/alzammer

 

[JudgeJudi]

Price says Col Mayi is a liar. Fact that Swanepoel told court he does not know what `tubing` is, is an utter lie

Cops had more than enough time to get search warrants but they did what they want and searched Siyoni and his mom`s house

Breakfast made 2 statements which did not support Siyoni`s version

Price brings up Siyoni`s swollen eye and how cops had different opinions of it`s size and severity

Price says State tried to downplay Siyoni`s assault, he brings up the torn pants brought to court as evidence

Price says during first bail application there was no affidavit from Siyoni that he was not assaulted

With 2nd bail application all of a sudden they got late statements from cops all mentioning the word `scuffle`

Price says Vumazonke also had a severely swollen eye, coincidence? He told his lawyer he was assaulted

Price brings up the different versions offered in court as to how Vumazonke got his injury

Price says Siyoni did not want a lawyer offered to him, he wanted a private one, he specifically asked

https://twitter.com/alzammer

 

[JudgeJudi]

It is clear that Siyoni wanted an attorney. Why would these 2 accused voluntarily implicate themselves?

Siyoni has not slept for hours and then taken to Fort Beaufort (police testified he snored in car)

Cops needed Siyoni to implicate himself in Fort Beaufort or they would go back to torture

Swanepoel testified that he warned Chris of his rights, but Chris refused to sign the pocket book. It`s a blatant lie

3 police affidavits did no mention that Chris did not want to sign, yet he gave permission for his house to be searched?

Price says Siyoni`s Statement of 3 May is NOT before court as stated by Stander.

Siyoni was not a 204 and therefore not protected and he was instructed not to answer State`s questions

Price questions why State did not call van der Spuy who was allegedly the one who warned Siyoni on 204

Price talks about accusations made against Stander by Siyoni and mistress. He does not want to make this a personal attack

Price knew mistress, Vosloo would not be called by State nor was Khusta whose affidavit lead to Sibeko`s bail being denied

https://twitter.com/alzammer

 

[JudgeJudi]

Babalwa was slapped with handcuffs after testimony, treated mistress with disrespect. Desparate for evidence

Price brings up line of questioning where mistress was asked about Chris` anatomy and how he is in bed.

Price says there was even a terrible comment made about Jayde, but he will spare them the trauma

State put pressure on mistress, interviewed with 5 men around her

Price says fact that State told mistress to only testify for State and not for Defence is illegal

Price will now deal with the sting and how the evidence `evolved` as the State`s case weakened

Price says Act states that Siyoni had to give written permission to be recorded, he did not

Price says even the lowest scum on earth has a Constitutional right

Price says every dirty trick imaginable has been used on these accused. Tells Judge he has been fed a bunch of lies

Price needs some time to talk to family. we adjourn till 11.15. Today is only 2nd time that Jayde`s mom is not in court

https://twitter.com/alzammer

 

[JudgeJudi]

Court in session. Price talks about section of secret recording that was not clear due to engine running

Price says Chris did not want to get in car, he wanted to go to his own car. He would have seen Siyoni`s eye

Price says Judge in Bail hearing did not apply her mind, she never asked for DPP permission, trusted IO

Price says Siyoni was never afraid of Chris or being shot, asking to be locked up for safety. He is a big man

Siyoni only became a 204 four months after arrest. Until then he was an accused

Price will now address State`s heads of argument. He says several aspects are not accurate

Price says there is no evidence before court that Chris spent little time with Jayde, only sister`s thumb suck evidence

Price says Jayde`s Instagram will show that they were in love. Not unhappily married as alleged by State

Price says State`s argument that Chris had a phone he only used to call Siyoni is false-states billing

Price says Siyoni was not always happy to be a 204, at one point he wanted to be an accused

https://twitter.com/alzammer

 

[JudgeJudi]

Fact that Siyoni and Chris` phones were both picked up by Daku tower cant just mean money exchanged hands

Blatant speculation is now presented as facts

Price wants to point to several mistakes regarding Mawonga, he was an appalling witness

How can you claim that Swanepoel`s house was scouted, car went to several places. Daubermann will deal with this in detail

Price is wrapping up. Siyoni was NOT a 204 during sting, he was an accused not an `agent`

Price says intent was for Siyoni to implicate himself aswell. Price is done. Daubermann to close

(Daubermann called no witnesses during the trial, his argument from beginning was evidence being circumstantial)

Judge is oblidged to rule on evidence before court and not imaginary scenarios. Onus on State to prove guilt

Daubermann says evidence must be beyond reasonable doubt. He states case law.

Daubermann now states case law to support his argument as to why his clients cannot be charged with conspiracy

https://twitter.com/alzammer

 

[JudgeJudi]

Daubermann says State failed dismally to prove that his clients entered into a prior agreement to conspire

There is no evidence before court that Sibeko was even aware of a conspiracy

Daubermann states case law where it was ruled that suspect would have had to be present at crime scene to be conspiring

State on it`s own case admitted that Sibeko was not present on the day Jayde was killed

Daubermann will now deal with expert testimony, (in his opinion they were not experts)

Daubermann says State did not prove common purpose. He states case law again

Daubermann says State makes very specific accusations against his clients.

Daubermann: what was common purpose? What was prior agreement? Agreement for what?

Daubermann says who abducted Jayde, who took her phone? who shot her? No allegation as to who?

Daubermann says State has to prove Nemembe performed some act of association

https://twitter.com/alzammer

 

[JudgeJudi]

Daubermann highlights factual allegations against clients. No allegation that Sibeko took part in planning/kidnapping

Daubemann says State`s case against Sibeko should fail. We will continue after lunch

Court in session. Daubermann busy with closing arguments. Dealing with the events leading up to arrest of Sibeko

Daubermann brings up sim-cards which was registered under other ID`s. Sim changed hands/ownership

Daubermann reminds court that Bosch testified how you could purchase an already-rica`d sim at townships for R5

Daubermann asks why the elderly lady (who had Sibeko`s alleged handset in her gown pocket) not called to testify

Daubermann says the lady was not called out of fear that it would not compliment their case

Daubermann is now on page 96 of his heads of argument.....

Daubermann disputes coverage of phones and towers. State did not call an `actual expert`

Daubermann will now deal with the 4 witnesses called to testify about phones. (Judge making several notes)

https://twitter.com/alzammer

 

[JudgeJudi]

Evidence was hearsay. witness did not go and measure distances between towers, nor did she take typography into account

Daubermann maintains that Botha was not an expert witness, in fact she is not qualified to give any opinion

Daubermann says Court must disregard evidence that accused were scouting areas. (Witness had to concur during cross)

Only thing State has is proof of communication between handsets. Says nothing about what was said during calls

Daubermann says conversations could have been innocent, one cannot ASSUME that they talked about crime

Daubermann says there was no onus on his clients to come and testify to what they were talking about. Onus on State

Daubermann says there is no evidence placing any of his clients in the vehicle used in crime

Daubermann if accused were in the car, how does that indicate that they planned a crime? no proof

Daubermann is done. Stander has final word.

Stander says Daubermann based some of his arguments on outdated documents. Cell towers change

Stander stands by his submissions. He will now respond to Price`s arguments as it pertains to his involvement in case

Stander says Swanepoel was taken to task about his pocket book, but he did testify that details were in affidavits

BREAKING NEWS: Judge Chetty will make his judgement on Thursday morning

Christopher will hear his fate on his 31st birthday

https://twitter.com/alzammer

 

[PrimeSuspect]

:tyou: JJ for tweets and soldiering on alone. Good to see this one will be wrapped up this week. It's incredible that CP's family and his advocate believe he is innocent!

 

[Tortoise]

Thank you JJ.

Price should be locked up with him.

 

[JudgeJudi]

Price is as abhorrent as his client. He said Jayde`s Instagram showed that they were in love and not unhappily married as alleged by the State. Talk about clutching at straws. Photos don't constitute proof of a person's happiness. The photos of CP crying at her funeral proved what exactly? That he was a grief-stricken husband? We heard him planning her murder on the secret tape. Was this proof of his love for her? Was the fact that he had a mistress both before and after his marriage further proof of his supposed love.

And then we had Jayde’s heart-breaking note that spoke of his lack of affection, his secretiveness and long working hours and how she longed to be loved. About 6 months before she was murdered she wrote, “I’m jealous when I see other people living the life I so desperately long for. I want a normal life. A husband that comes home at a normal time, has a normal job and makes time for his wife and family. Somebody that doesn’t hide me or cover up. Always respects and puts his wife first. Why does he hide so much from me and why is it impossible to communicate with him? I write these words because I no longer have space inside. I may just explode.”

CP is a truly disgusting individual. A life sentence will allow him plenty of time to reflect on why he arranged Jayde's execution and in the process also destroyed the lives of her family and that of his parents.

As for Price, I think you know my feelings about barristers like him and the less said, the better.

 

[Tortoise]

Live link to Judge Chetty's judgement going on now

[video=youtube;ERQs2SjapkI]https://www.youtube.com/watch?v=ERQs2SjapkI[/video]

 

[PrimeSuspect]

https://twitter.com/KathrynReporter

Court is filling up with senior state advocates, media and supporters. Chetty has kindly set aside extra chairs for media at front of court

The accused are led into the dock. Today is CP's 31st birthday

He starts with CP being charged with murder of his wife, Jayde. He now reads from the indictment

Alleged hitman Sizwe Vumazonke died before trial got underway. Chetty now highlights the charges

CP is charged with conspiracy to commit murder, murder and obstruction of justice

Sinethemba Nemembe (SN) faces charges of conspiracy to commit murder, kidnapping, murder, possess of illegal firearm

Zolani Sibeko is charged with conspiracy to commit murder and murder

Chetty now reads from CP's plea explanation. A key figure in his defence was middleman Luthando Siyoni, who later recanted on his confession

CP said he loved his wife & planned to spend rest of his life with her

He turns to first witness, Jayde's friend, Cherise Swanepoel. The two carpooled to work at Riebeek College in Uitenhage

On day of murder, 21 Apr 2015, Cherise could not get hold of Jayde so phoned CP, who indicated that she had gone to work

Everyone, including CP, searched for Jayde. Her body was found nxt morning. Chetty praises the testimony of these witnesses

He goes over Jayde's injuries. Bullet to head. Capt Gideon Olivier, forensic expert attended to scene

Olivier retrieved three cartridges. Pathologists findings concluded first shot entered Jayde's chest. Second shot paralyzed her

Jayde put out her hand to shield her shooter, who then shot her in head. Chetty says this confirms it was an execution style murder

 

[PrimeSuspect]

https://twitter.com/KathrynReporter

He turns to evidence of Brigadier Gary McLaren. There was a media frenzy. McLaren stablished a task team with Kanna Swanapoel in charge

The breakthrough came when Cap Willie Mayi received a call from an informant. Info led him to Siyoni

Siyoni was a key part of both defence & state's case. He was vigorously pursued by both counsel

Chetty turns to trial within trial (sting video). Says it was a disingenuous attempt by defence to exclude key evidence

The defence based argument on Siyoni being assaulted by police. Siyoni was not an accused person, he was a state witness

Chetty refers to case law in this regard

Chetty says an accused can testify in twt without being subjected to cross-exam on merits of case

Not withstanding my ruling, Peter Daubermann (PD) tried to convince me to revisit my ruling. I rejected his argument

 

[PrimeSuspect]

https://twitter.com/KathrynReporter

Case shows Siyoni was integral in securing the assassin. The strategy to exclude his testimony was because he could directly implicate CP

MS was misled into believing that Siyoni would stick to his statement. This is confirmed by an email between his lawyer & Siyoni

hetty says the less said about Siyoni's lawyer Zolile Ngqeza, the better. His advice to Siyoni not to answer incriminating questions......is in direct conflict of him being a Sec 204 witness

Siyoni's girlfriend, Babalwa Breakfast, also did not cooperate. This strengthens conclusion that Ngqeza was part & parcel of the deception

Chetty refers to testimony of Breakfast. Looks at cross-exam by TP. The assertions put to Breakfast did not emanate from her at all

It became clear during Breakfast's evidence that she recanted on statement. After establishing her signature on statement... MS asked for her to be declared hostile. Mayi was then called to testify

When MS solicited details of money found in Siyoni's gym bag, it triggered hostility from Breakfast. Her attitude demonstrated this

I accept that she was the source of information (she later backtracked on)

 

[PrimeSuspect]

https://twitter.com/KathrynReporter

Siyoni said he was tortured by Mayi & other officers. This was a cocktail of lies concocted to assist CP's defence

It is hardly believable that Mayi would assault Siyoni & jeaprodize trial given the media frenzy

His tale of assault was mere opportunism & to discredit Mayi. A classic e.g. of his lying was about the money in gym bag.

His explanation for the money was in contrast to Breakfast's testimony

Siyoni's evidence was fabricated & falls to be rejected. The leading questions put to him eventuates the deception

Siyoni gave one & the same version to both Mayi & Kanna at different times

Chetty is reading from Breakfast's statement. She said Siyoni told her CP had approached him to arrange hitmen

Siyoni met CP & came back with bag of cash. I was told to keep bag. Later I was asked to give money back to him. I saw him with Sizwe

Siyoni wanted to broker a deal with prosecution in exchange for testimony. Chetty reads from his original statement

CP wanted me to find someone to kill his wife. There was financial gain for me. I first approached Lama

Lama & CP met. I was not allowed to listen to their conversation. Lama then avoided me & CP wanted someone else

I then approached Trompie. I once again arranged a meeting with CP but nothing came from it. CP then put me under more pressure

He told me his wife spent too much money & he worked hard for that money

He said either his parents or in-laws were forcing him to buy a house & he did not want to do so. He became more adamant to have her killed

After initially approaching Sizwe, he disappeared & I had to find someone else. After this failed I approached Sizwe again via Facebook

 

[PrimeSuspect]

https://twitter.com/KathrynReporter

A price was discussed & CP PD for rental car. Plan was put in motion. CP & Jayde were to eat @ Infinity so I could show Sizwe her car

Sizwe wanted CP to let him into complex (Kabega Park) but CP said it must take place outside complex gate

After the murder I was to meet CP to receive remainder of money. I went to Infinity to wait for him. Late that night CP phoned me

He wanted to know where the guys put (body) but I couldn't ans. I met some of his family at Njoli Square. He then dropped me with Breakfast

Sizwe then came to my house to collect money. We went to KFC in Njoli Square. On the Friday Sizwe said the guys who did job wanted more cash

CP gave me R1K to destroy SIM. I was arrested & it became clear I was in trouble. I gave statement in front of Adv VD Spuy

Chetty says during trial TP attacked VD Spuy's integrity. I accept that Kanna enlisted his help & he correctly advised his client