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

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A video recording was made of Siyoni & CP. The law states that any law enforcement official may make use of trap to obtain evidence ...

This shall be admissible provided it does not go beyond

If it goes beyond opp for suspect to commit offense it should be inadmissible. Court is aware of public interest & interest of accused

A twt allows accused to furnish why opposed to evidence. TP said client's right to fair trial prejudiced

CP elected not to testify in twt. Called 3 witnesses. After argument I found recording to be admissible. These are my rulings

Kanna's testimony in relation to Siyoni's willingness to participate was corroborated by WO Leon Eksteen, WO Shane Bosch & others

Chetty refers to cross-exam of Siyoni by TP, full of leading questions,no evidential value. I accept state's version that Siyoni was willing

Chetty rejects evidence of Siyoni's brother & mother

CP was the only person who could tell us what effects of constant police monitored calls from Siyoni had on him

Chetty, referring to reported judgments, says there are consequences when an (accused) decides not to testify
 
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During Kanna's cross, he was referred to Sec252a. Implied CP eventually succumbed to pressure to meet Siyoni. This was never part of defence

It is apparent CP met with Siyoni out of his own accord & for his own agenda

Eksteen told Siyoni prison was no bed of roses & that he faced long term of imprisonment. Defence said this was a threat, Chetty disagrees

CP, more than once, voiced anxiety @ being contacted by Siyoni. Why? This was fluctuated by his fear Siyoni had been arrested

Afterwards, CP blatantly lied to Constable Aldre Koen

As a matter of law, Sec252a placed no obligation on Kanna to obtain prior permission for undercover operation

There was a misconception by defence about what may be done prior to trap

Chetty is explaining the requirements of Section 252a
 
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In considering whether unit went beyond creating opportunity for suspect to commit an offence, there is much to consider

Kanna was not obliged to obtained permission from the director of public prosecutions. There was a media frenzy around Jayde's murder

CP was not (forced) to meet Siyoni. Fact that this was induced by police is irrelevant

This established CP's complicity in Jayde's murder. Chetty says this is why he found video to be admissible

The induction of testimony from DPPs Gounden & Goberdan by the defence was completely irrelevant

TP then attacked credibility of video but quickly abandoned approach. Recording provides graphic account of conversation between CP, Siyoni

Chetty highlights the conversation between them.

CP, Nemembe, Sibeko (not hiding face for a change) in the dock

DNnmQ0gW0AAzR0d.jpg

CP had told Siyoni to destroy his phone. At this point he turned around & frisked Siyoni

CP wanted to know if Sizwe & his guys were black or coloured

CP tells Siyoni to hide in JBay. Says he can't keep handing over money. Tells him what he would tell police

CP's sister, in court for the first time, is crying in the gallery
 
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It will be gleaned from video footage that after CP frisked Siyoni, his attitude changed. Their activities were laid bare

This demystifies the concocted defence & corroborates Siyoni & Breakfast's police statements

Establishes CP had direct knowledge of Sizwe's involvement. They weren't privy to Sizwe's villains but clearly knew he never acted alone

Siyoni is a liar. I referred earlier to the money found in his gym bag. It is common cause CP went to Siyoni's home on evening of murder

This visit was nonsensical and was clearly to deliver the rest of the (hit) money. Before that he fetched it from Infinity

Even lies tell the truth sometimes. TP tried to exercise damage control when Siyoni slipped up & mentioned Sizwe during cross-exam

Chetty refers to when TP complained that they were being ambushed. It was due to evidence heard about the deceased Sizwe

PD aligned himself with the objection raised. State had relied on doctrine of common purpose & defence had to face evidence blindly

I overruled the objection. The general rule is that all relevant testimony is admissible

The evidence by the Zems owner (rental car) was to show how Jayde ended up in KwaNobuhle

Turning to Vumazonke's arrest, Chetty says it was evidence of state that he obtained swollen eye when he hit his head while being arrested

Chetty now refers to the tracker on the rental vehicle & how it works

Chetty is happy that Lorenz Stoger, the tracking expert, had efficient qualifications to present this expert testimony

Court adjourns for lunch. Back at 2:15pm
 
Thanks Prime, I'll be back to catch up later.
 
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PD argued that tracker in Etios could have been tampered with. This argument is unfounded

It is evident from exchange between CP & Siyoni, they were both aware that Sizwe had recruited others to help me. Their IDs were not known

The uncloaking of these men was unveiled with cellphone plotting & billing

Attempt to prove one of key cell numbers belonged to Nemembe was done through testimony from NMMU, where he studied

PD objected to this evidence, said it was infringement of his privacy.

Sibeko's number was linked when Bosch phoned, telling him that he had won a prize. He then confirmed his details

Sibeko's parental home was searched & that phone was found on the person of an elderly woman at the home
 
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State's case against Nemembe & Sibeko was based on cell billing & tracking. To prove they were in contact with Sizwe, MTN expert was called

Chetty turns to testimony of expert Thereza Botha. Says she provided a comprehensive report to court. She testified to location of towers

TP cross-examined her on by using evidence from his consultations with his own expert

Chetty is going over the tracking data. How car stopped outside Jayde's residence & then drove to Riebeek (scouting)

What happened thereafter is illuminating. Cell communication between Sizwe & Sibeko shows they were co-occupants of Etios (scouting)

The fact that data does not establish that Sibeko was present on day of murder does not exonerate him... circumstantial evidence

Circumstantial evidence must satisfy court that evidence as a whole proves guilt beyond a reasonable doubt

Circumstantial evidence varies in strength. Chetty refers to case law
 
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In our lives, acts & thoughts we do not deal with certainty. We act on reasonability. Sibeko chose not to testify

A conspiracy involves agreement to commit unlawful act. When agreement been made, offence of conspiracy is complete Does not require action

The data shows a course of conduct for one criminal design. This required a collaborative effort to kill Jayde

The fact that Sibeko was not at a Jayde's home at time of kidnapping does not take away from fact that he was part of conspiracy

The same goes for the murder

Chetty now highlights how vehicle travelled & calls made on day of murder.

The only reasonable inference to be drawn from data is that Sizwe alighted from vehicle & waited at Jayde's complex gate
 
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Sizwe's billing shows he remained behind in KwaNobuhle after shooting & this corroborates testimony from his aunt (sangoma)

All this also proves Nemembe's participation in Jayde's murder beyond a reasonable doubt


Chetty commends Jayde's team & state for their excellent work. The criticism against them unfounded


Christopher Panayiotou, Sinethemba Nemembe & Zolani Sibeko found guilty of murder
 
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The state & defence now discussing date for sentence proceedings

Court adjourns for 5 min


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Panayiotou sits and looks straight ahead as he is found guilty of murdering his wife. SF

Some of Panayiotou's relatives look down, Jayde Panayiotou's family listens intently as defence requests postponement. SF

Christopher Panayiotou's sisters crying. His mom sits with head in her hands. SF

Jayde a Panayiotou's family also emotional can be seen hugging one another. SF
 
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Clarity: CP found guilty of murder & obstruction of justice,

Nemembe of murder and robbery aggravating,

Sibeko of conspiracy to murder


Three accused after guilty verdict

DNoU8RFW4AACv92.jpg


Sentencing will take place 17 Nov at 9:30.

There is clapping in the gallery.

Court adjourns
 
Why on earth Siyoni became a hostile witness is mind boggling. He'll be charged next, when he could have had some sort of immunity. Makes me wonder if he received death threats.

I didn't get a chance to see the verdicts being delivered so I'm going to watch it now. I did however catch the bit right at the end and I was appalled that CP family seemed to be surprised at the verdict.
 
attachment.php


You can read the news stream in the attached link.

To watch the video of the full judgment (2 hrs 50 mins) scroll down to 9:59.

http://www.news24.com/SouthAfrica/N...her-panayiotou-trial-to-be-delivered-20171102
 

Attachments

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    Guilty.JPG
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Video of Judgment Part 2

[video=youtube;y8HnPdmfbHE]https://www.youtube.com/watch?v=y8HnPdmfbHE[/video]
 
Tortoise said:
Why on earth Siyoni became a hostile witness is mind boggling. He'll be charged next, when he could have had some sort of immunity. Makes me wonder if he received death threats.

I didn't get a chance to see the verdicts being delivered so I'm going to watch it now. I did however catch the bit right at the end and I was appalled that CP family seemed to be surprised at the verdict.
Click to expand...

It is a profound that these three criminals have been brought to JUSTICE and that JUSTICE has been delivered.
Congratulations to the Judge and prosecution. Condolences to Jayde's family and loved ones. It has been a difficult time you have been through.

IMO: In many European families, most family members are indoctrinated to believe that 'the precious son can do no wrong'. It's the old patriarchal view. It must be somebody else's fault, somebody else is to blame - 'not the precious son' ...:facepalm:

Thank you to the WS members who reported diligently on this long trial i.e. Judge Judy :takeabow:
 
Thank you Prime for that huge number of tweets. :tyou:
 
Price is the most disgusting, loathsome and contemptible counsel I’ve ever seen. When cross-examining Tony Inggs, Jayde’s sister, he said, “I have huge sympathy for you. You suffered a horrendous loss, but you are now forcing me to go where I did not want to go”.

Asked by Price why she had treated Panayiotou’s parents and his legal team with such hatred, apparently calling Price a “pig” on social media, Inggs responded that the Panayiotou family had shown no remorse or compassion and instead treated the Inggs family as if they were the enemy.

Addressing her apparent dislike for Price, Inggs said to applause from the gallery: “Excuse the language I am about to use, but in court you [Price] called me *advertiser censored**ing stupid.”

I can hardly believe I read that, but it says everything about the man.

She added: “I am angry 90% of the time. My sister has been murdered and I have a right to fight for justice for her.”

http://www.heraldlive.co.za/panayiotou-trial/2016/10/13/heartbreak-harsh-words-jayde-trial/
 
Tortoise said:
Defence Advocate Terry Price, for Panayiotou, indicated that he intends to bring an application for leave to appeal against his client’s conviction.
Pre-sentencing proceedings are set for November 17.

https://citizen.co.za/news/south-af...or-jayde-as-husbands-self-preservation-fails/
Click to expand...

Good luck with that. If ever there was a case not worth appealing, it is this one ... in my respectful submission. It must be remembered that Judge Chetty was a Judge of both the Court of Appeal and the Constitutional Court, and fools and incompetent judges don’t get to sit on the bench in either of those courts. Chetty had harsh words to say about both Price and Dauberman and was clearly not impressed by their tactics.

Appeals are very costly so I imagine the family will be stumping up the money. Why they would go down this path after hearing seeing and hearing the sting video is beyond my comprehension. Quite apart from that, I find it more than a little disgusting that they would want to see him set free now that they know he’s guilty of orchestrating the murder of his poor innocent wife whose only fault was getting in the way of his life without her.
 
MS will call one witness in aggravation of sentence. TP wants a postponement for a pre-sentence report

He says this is even applicable when life sentence is prescribed. Judge Chetty says this was the date TP wanted

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