The delays in this trial are excruciating. Due to the unavailability of both counsel, the following are the dates set down for hearing in 2017:
19 April 5 May
12 June 30 June
There have been a few more developments.
In early December, co-accused, Sibeko, applied for bail on the basis there was no evidence against him and accused the state of adapting its evidence as flaws in the case were exposed. However, the judge dismissed his application and said that he had shown no exceptional circumstances why he should be released on bail.
In an affidavit presented to court during Sibekos bail application, a surprise state witness, Khusta Vandala, detailed how he was allegedly asked to assist Sibeko to find a firearm for suspected hitman Vumazonke to shoot Jayde. Vandala said he couldnt find a gun and pulled out before Jaydes kidnapping and murder.
Marius Stander said he would rely on Vandalas testimony, in conjunction with Sibekos cellphone billing and the tracking report of the alleged hit vehicle, to prove the charges against Sibeko. Sibeko claimed there was not a shred of evidence against him, accusing the state of adapting its evidence as flaws in the case were exposed.
Investigating officer Swanepoel said Sibeko denied all knowledge of a cellphone at the time of his arrest, but when the police phoned his number, the cellphone lit up in his grandmothers pyjamas, where it was hidden. The hiding of the cellphone and denying knowledge of the cellphone is indeed indicative that the applicant might interfere with evidence given the opportunity to do so, Schoeman said. These facts are common cause as they were not denied by the applicant in his replying affidavit.
The judge was of the view that if the state could prove the case as set out in Swanepoels affidavit, and confirmed by the affidavit of Vandala, then there would be a case against Sibeko.