Panayiotou’s application for leave to appeal his murder conviction was heard on 16 May.
The High Court heard that what was said in the undercover police sting operation which implicated CP cannot be used against him. Terry Price argued before Judge Chetty that CP was convicted on the basis of what happened in the police under-cover sting operation where Siyoni implicated CP in his wife’s murder. He argued that what self-confessed middleman Siyoni said to CP in the car was inadmissible.
Price said, “Your lordship found that Mr Siyoni was not an accused person and was a witness”. "But Mr Siyoni was an accused, an accomplice, and that evidence could not be used against another accused [Panayiotou]”.
Referring to case law, he argued that a Section 204 witness is an accused therefore the video evidence was not permissible against CP. “With respect, your lordship must grant leave to appeal on that basis alone,” Price said.
Price said that Chetty did not once mention in his judgment that search warrants were not obtained when police searched Siyoni’s house and his girlfriend Babalwa Breakfast's house. He argued that if a search was conducted without a warrant, that evidence became inadmissible. He said that Siyoni told three police officers that he was assaulted during detention, but his claims were not once followed up.
He said that Chetty found Warrant Officer Eksteen an outstanding witness but didn’t mention in his judgment how Eksteen was heard on tape calling Siyoni a “k****r”.
Price said that investigating Officer Captain Swanepoel used undue influence and told Siyoni to implicate CP.
Price said, “All the fingers point to assault from the word get go” . “I respectfully submit that there is enough here for your lordship to say that another court may come to a different conclusion. I’m going to ask your lordship to grant us leave to the Supreme Court of Appeal.”
Advocate Stander opposed the application and said Price was incorrect in applying the test. “Another court might come to a different conclusion -- that is not the test. The test is if there is a realistic chance that the application may succeed”.
Attorney Daubermann sought leave to appeal Nenembe’s conviction and Sibeko’s conviction and sentence.
Christopher Panayiotou seeks leave to appeal murder conviction | IOL News