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

[JudgeJudi]

After the last witness for the Defence, Price again asked Judge Chetty if he could approach State witnesses, specifically Chanelle Coutts and Donovan Vosloo. He said he wanted clarity because when he had asked previously, the State had not yet concluded their case.

Chetty said he had not changed his mind. Price then said that he was closing his case for the trial within a trial.

Price then addressed Chetty on the matter of closing arguments. He said that as the court record was over 3,000 pages long, it would take some time to prepare his heads of argument.

He assured the Judge that he would have the Defence’s heads of argument before the next sitting of the trial on 12 June. Chetty said, "If you tell me you're not ready, I can't force you".

Price asked if dates could be set, as the State would need to file their heads of argument before he could submit his own.

Stander indicated he would have his heads ready by the week ending on June 2, with Price then committing to have his in by Wednesday of the following week.

The case has been adjourned to 12 June.

http://www.news24.com/SouthAfrica/News/second-sitting-of-panayiotou-trial-comes-to-an-end-20170505

 

[JudgeJudi]

A video of Panayiotou speaking to Luthando Siyoni after Jayde’s murder, will be viewed in the Court after Judge Chetty found it to be admissible this morning.

The video, filmed in a wire-tapped car just days after Jayde was shot dead, will now form part of the evidence before court.

"The state and defence spent several weeks arguing the admissibility of the secret recording, with the defence claiming Siyoni was tortured by police and forced to get his former boss to incriminate himself".

The trial continues.

http://www.heraldlive.co.za/news/20...-video-recording-admissible-panayiotou-trial/

What a great result for the State.

 

[JudgeJudi]

The trial within a trial was boring in the extreme but soooo important for the State to win.

A video recording in which CP allegedly implicated himself in Jayde’s murder was ruled admissible today.

The trial-within-a-trial dealt with the admissibility of an undercover police sting operation where CP allegedly implicated himself in Jayde's murder. It is alleged that CP hired bouncer, Luthando Siyoni, to recruit hitmen to kidnap and kill Jayde.

The defence claimed that Siyoni was beaten and forced to implicate CP, making the video inadmissible. The State claimed that in the recording, CP can be seen searching Siyoni for a body wire.

CP also allegedly tells Siyoni that he was meant to make it look like a robbery and not a hit.

CP also allegedly gave the bouncer R2 000 and told him to destroy his phone so that police could not trace it.

http://www.iol.co.za/news/south-afr...rial-video-recording-ruled-admissible-9745399

 

[JudgeJudi]

The defence has an application & want to postpone the case. They want to take advice from senior council on how to proceed

"If this goes the wrong way, my client could be sentenced to life in prison" says TP

TP says he needs to do the right thing for this case. They want Dup de Bruyn to come on board. TP says they are not being given a fair trial

TP is upset that Chetty did not give reasons for his ruling. Doesn't know how to proceed otherwise

"We have been on the back foot from word go". Starts listing some findings he disagrees with

TP says he has been subjected to insults from the gallery and on social media. Not once has Chetty come to his rescue

[Oh, diddums ... too bad, so sad]

TP says he feels like he is litigating in the dark. He needs help

TP says he is being mistreated by the press

TP says there is evidence of dishonesty from the state

"I'm asking you from the bottom of my heart for a postponement". Chetty says no

Prosecutor Marius Stander (MS) calls his next witness to the stand. TP now asks for a 5 min adjournment. He is close to withdrawing

http://www.heraldlive.co.za/news/2017/06/12/live-panayiotou-trial-day-46/

 

[JudgeJudi]

Court is in session. TP is now bringing an application for Chetty's recusal. Needs a few days to draft this application

MS says he has a number of witnesses flying to PE from out of town

Chetty will hear the application on Wednesday morning

Court has adjourned until then

http://www.heraldlive.co.za/news/2017/06/12/live-panayiotou-trial-day-46/


Sore loser or what! Price probably thought he'd walk all over this trial like he did in Dewani. This is such a senior judge. He's sat on both the Supreme Court of Appeal and the ConCourt.

 

[JudgeJudi]

I hope the people who are lurking join this thread. It's really a fascinating trial. You don't need to go back to the beginning to find out what it's all about. Just read the links on p.19 #276.

 

[PrimeSuspect]

The trial within a trial was boring in the extreme but soooo important for the State to win.

A video recording in which CP allegedly implicated himself in Jayde’s murder was ruled admissible today.

The trial-within-a-trial dealt with the admissibility of an undercover police sting operation where CP allegedly implicated himself in Jayde's murder. It is alleged that CP hired bouncer, Luthando Siyoni, to recruit hitmen to kidnap and kill Jayde.

The defence claimed that Siyoni was beaten and forced to implicate CP, making the video inadmissible. The State claimed that in the recording, CP can be seen searching Siyoni for a body wire.

CP also allegedly tells Siyoni that he was meant to make it look like a robbery and not a hit.

CP also allegedly gave the bouncer R2 000 and told him to destroy his phone so that police could not trace it.

http://www.iol.co.za/news/south-afr...rial-video-recording-ruled-admissible-9745399

Exactly like Dewani. :sigh:

 

[JudgeJudi]

In a bizarre twist the defence team representing murder-accused CP have indicated that they will bring an application for Judge Chetty to recuse himself based on CP not having a fair trial".

After a video recording in which CP allegedly implicated himself in Jayde’s murder was ruled admissible by Chetty, Terry Price pulled out all the stops in asking the court to adjourn the matter until next month.

Price said, "At the moment I am blind and I am litigating in the dark, we need to take advice. I cannot proceed at the moment. I'm not looking for sympathy. It took me two weeks to draft those heads of argument and they have just been thatched past your lordship and they obviously didn't mean a thing and that is worrying to me. So I am asking you from the bottom of my heart please allow me to properly prepare”.

Price indicated that the defence team now want to enlist the aid of Adv. Dup de Bruyn SC.

[If that name rings a bell for some, De Bruyn very frequently accompanied Reeva’s mother, June Steenkamp, to court in the OP trial.]

The defence team have said they don’t know how to proceed going forward. Price was adamant that CP hadn’t been enjoying a fair trial and said that the defence were overruled at every opportunity. Price even attacked Chetty for not providing reasons as to why he ruled the undercover police sting operation admissible. However Chetty told him, “I am not obliged to give reasons at a trial-within-a -trial". But there was no stopping Price who then retorted that Chetty could be mistaken.

Price behaved like a petulant child by adding, "I have been subjected to insults from the public gallery and on social media and not once has your lordship done anything".

Price’s behavior in the courtroom is nothing short of appalling. He’s had more than a month to be prepared for an adverse ruling in the trial within a trial and should have had case law to back up his case that the tape was inadmissible.

http://www.iol.co.za/news/crime-cou...defence-wants-judge-to-recuse-himself-9748856

 

[JudgeJudi]

Today is a big day with Terry Price bringing an application for Judge Chetty to recuse himself.

Totally O/T, but after months and months I've finally fixed all the posting issues I’ve had with WS all by my little self. To celebrate, and to start the morning/evening on a happy note, I offer the following for everyone to enjoy. Apologies for the size, but there are occasions in life when size really does matter, and today is one of them.

Now we can sit back and wait for the :fireworks:

 

[JudgeJudi]

Court is in session

Adv Terry Price addresses Judge Chetty. Says they have now decided not to bring the application for his recusal

TP refers to reported judgments, says it allows judge to give reasons (to allow the video) at a later stage but without waiting to end

Prosecutor Marius Stander calls his next witness to the stand. Mr Kelemane. He is a warrant officer

Affiliated to the electronic unit in the EC

MS says the court has heard evidence of police vehicles fitted with electronic audio & video devices

MS refers to 29 Apr 2015. Where you involved in an operation where vehicle was used by Capt Swanepoel? "Yes. We met at Organised Crime"

WO Ntutela of the East London branch brought the vehicle to PE. And how did you assist in operation?

"I was to ensure the recording advice was functioning & to show the person using the vehicle how the equipment works"

MS asks how this device works. On what is video captured? "It is recorded on an SD card"


https://twitter.com/kathrynreporter?lang=en

 

[JudgeJudi]

Ntutela & the officers then left with the SD card. When they returned, Swanepoel viewed it and I copied the footage onto DVDs

He then handed the DVDs to Swanepoel. Did you tamper with the recording? "No"

MS wants to show the video to the witness. TP wants the video to wait until after cross-examination. MS is not happy

TP wants to attack the attack the integrity & accuracy of the recording.

TP has asked for a short adjournment. He wants to canvass something with the judge

We are now viewing the video

CP is sitting in the front. Luthando Siyoni at the back. CP asks LS why the police are after him. They now discuss Sizwe (alleged hitman)

CP takes money out of a bag. Hands it to LS. Says "plus, minus five"

Wants to know what the police asked LS. "F*cking questions"

"You (warned me) that I'm going to be investigated" CP complains that police are tracing his phone. Tells LS to destRoy his phone

CP seemingly searches LS for a wire. "It's now a murder thing instead of making it a robbery outside the house"

https://twitter.com/kathrynreporter?lang=en

 

[JudgeJudi]

CP asks how many were involved. Is it black or coloured guys?

CP tells LS what he is going to tell cops. "I can't just give over money all the time, I'm under investigation". LS is going to JBay

"These boys made it big. They didn't take the watch or the rings. They were supposed to do it outside the house"

"I'm going to say you're going to EL". CP gets out the car

LS waits in the vehicle for the undercover policeman to return

MS now places a transcript of the conversation before court. Jayde's family is crying

Ntutela determined the start & end of the recording

The court is packed today

MS has no further questions. TP hands in Kelemane's statement

https://twitter.com/kathrynreporter?lang=en

 

[JudgeJudi]

TP: How many yrs experience did you have in police at time of recording? "I started at SAPS in Aug 2000"

Been with electronic surveillance unit for 10 years

What courses do you undergo to be able to work this equipment? "I received in service training"

So that training comes from police in same unit? "Yes, but also complete short courses at university"

TP refers to Kulemane's statement. Did you write it yourself?

"The statement was written by Swanepoel. I read it before signing"

Kulemane says he was not asked to take the oath but considered statement as binding

He can't remember when he gave the statement, not even the year

TP says this statement was never in police docket. He can't comment on this

Kulemane never made notes in his pocket book

TP says in other words, Kulemane was asked to cast mind back 15 months to record accurately what happened without having notes to refer to

Kulemane says this is no different to what he usually does

https://twitter.com/kathrynreporter?lang=en

 

[JudgeJudi]

Swanepoel was directly involved in what happened that day? "Yes". Where there things you forgot that Swanepoel had to help you with? "No"

When you signed the statement, were you satisfied that every important factor had been recorded? "Yes"

TP says it's very important that Kulemane & Swanepoel viewed the recording before copying it onto DVD. "That's no secret"

TP says its a secret to him because it's not in statement. "Thank you for bringing it to my attention, next time I'll be sure to include it"

https://twitter.com/kathrynreporter?lang=en

 

[JudgeJudi]

TP is hammering on about Kulemane & Swanepoel watching video before burning it onto a disc

Did you tell MS that Swanepoel viewed it?
Kulemane says he probably didn't mention it directly. They work hand in hand

TP says this is crucial to the chain evidence

"I've already answered." TP tells him to answer again. "It's normal practice"
[TP is so obnoxious]

What kind of car was it? "I think it was a Nissan doublecab. Can't recall colour"

Kulemane says he organized for vehicle to be brought to PE day before, 28 Apr. TP says this is important, you are playing with men's lives.

https://twitter.com/kathrynreporter?lang=en

 

[JudgeJudi]

TP says he finds Kulemane to be very unprofessional
[Hmph, he should talk]

TP says it's crucial to their case as to when the vehicle arrived in PE.
Chetty begins reciting parts of the record (incredible memory)

TP asks if it was analogue or digital recordings & whether or not video & audio recordings were on same file? "Digital. Same file"

What did you do with the SD card? "We used it in other operations".
So you saying that card is no longer available for us to check? "We don't have it".

Should you not have put it in exhibit bag? The defence are entitled to check prime source of your info

"There is a DVD available". That's not the prime source, says TP

TP says the defence's right to check this SD card has now been taken away from them

https://twitter.com/kathrynreporter?lang=en

 

[JudgeJudi]

Was it essential to view footage before copying to DVD?
"Yes, it was important to establish if functioning properly"

Kulemane can't recall exactly when he gave the DVD to Swanepoel

He thinks it was the following day (30 Apr) but can't recall the time

Court adjourns for tea

https://twitter.com/kathrynreporter?lang=en

 

[JudgeJudi]

You must watch this.

View the secret recording of Christopher Panayiotou & Luthando Siyoni here:

http://www.heraldlive.co.za/news/to...secret-recording-panayiotou-middleman-siyoni/

You can see why Terry Price didn't want this video to be admitted into evidence.

Wow, just wow. Could there be anything more incriminating than this!!!

 

[JudgeJudi]

I've never seen or heard of anything like this outside of the movies. Unbelievable.

 

[LouP1209]

Goodness that's unbelievable :jail: