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

[JudgeJudi]

[Looks like they got an early start today!!! There's a first time for everything]

Court is in session. Peter Daubermann addresses Judge Chetty

He is not happy with the section of the electronic communications act that prosecutor Marius Stander is relying on

PD represents CP's co-accused, alleged hitman Sinethemba Nemembe & co-conspirator Zolani Sibeko

Much of the evidence against them is based on cellphone evidence

PD says accused don't have access to the equipment used to conduct the cellphone plotting. No way for them to prove records are incorrect

PD says this would render the trial completely unfair. Can only test evidence via cross-exam

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

 

[JudgeJudi]

MS says he has not had an opportunity to prepare for this application. Court stands down until 11

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

It was too good to last, wasn't it. Well, at least I now have an hour to enjoy dinner

 

[PrimeSuspect]

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

I see what you mean by CP putting on weight JJ. He must be eating like a king in jail, what money can buy! :no:

 

[Tortoise]

Now that secret video is out State can shift focus to accused nr 2 /3
Court in session Daubermann bringing application to declare something unconstitutional. (Something about phone records)
Daubermann says this is not giving his clients a fair trial (he represents accused nr 2 and 3)
Daubermann says Stander is relying on presumptions on certain aspects of phone records
Daubermann stating case law. Judge listening closely and making notes
Daubermann says evidence consists of phone records in possession of a third party (MTN) his clients do not have access
Daubermann says how can the accused test the evidence? They don't have access to anything
Stander wants to address court but needs time to prepare. We adjourn till 11

https://twitter.com/alzammer

 

[Tortoise]

Daubermann: says cell phone records are in possession of a 3rd party- Vodacom, MTN, CellC
Daubermann: the accused don't have access to these records, no way they can prove these records are not accurate
Daubermann: this is the position that will render this trial unfair, the accused don't have access to computer equipment, protocols of SP's
Daubermann: there's no justification in creating a reverse onus, I ask your lordship to make an order
State needs time to prepare response to Daubermann's application , court adjourns until 11:15


https://twitter.com/RaahilSain

 

[Tortoise]

I think it's entirely normal for cell phone records to come from the cell phone company. Why in this case should it be challenged on the basis that they don't have access to the phone provider's computer equipment? How does this evidence become a part of any trial?

 

[JudgeJudi]

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

I see what you mean by CP putting on weight JJ. He must be eating like a king in jail, what money can buy! :no:

You mean eating like a pig, don't you?

 

[JudgeJudi]

I always find it ironic when the defence talk about fairness. Barry Roux used to do the same. In my eyes it's not fair that an innocent person is robbed of their life. It's not fair that family members and everyone else who is left behind is robbed of the love and joy they had yet to share with the murdered victim. And it's certainly not fair that murderers feel they're entitled to more than their victims.

 

[JudgeJudi]

He says the accused can still adduce evidence to counter attack the evidence of the state's cellphone experts

As we are standing here now, we don't know what the accused's version is

MS says the section of the act he is relying on doesn't prevent the accused from placing evidence before court

MS says the accused are allowed to obtain the data pertaining to their own numbers & from there verify the info

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

 

[JudgeJudi]

PD responds. He says there is a reverse onus on the accused to prove the data evidence is not correct.

Judge Chetty will hand down his ruling at 9:30am on Monday. Court is adjourned

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

For goodness sake. Adjourned yet again.

 

[JudgeJudi]

CP only owned 10% of the OK business which has now been sold and I imagine that his defence will use up most if not all of that money. Assuming he gets a life sentence, which means he’d be eligible to apply for parole after 25 years, he'll be 55 if he's released then. I wonder if his parents will still leave their estate to him if he's convicted. If not, he’ll be homeless, no job, zilch, nothing to look forward to for the rest of his life. What goes around comes around. Sounds fair to me.

 

[Tortoise]

Stander wants to refer court to another case- it's my submission that this application is premature at this stage I say with respect
Stander: the accused can challenge evidence- the accused needs to place evidence before court, can't be argued that it's unconstitutional
Stander says accused will be able to challenge states evidence - the accused can obtain cell phone evidence (access to info act)
Stander says the can access data if it is their own numbers , there is a way for them to verify with SP, they not absolutely in the dark
Stander asks court not to order (cell phone record) evidence as unconstitutional

Daubermann says accused might have access to limited portions of data, but ihis clients are still prejudiced
Judge Chetty to hand down judgement on application Monday 9:30am

the state wants to present cell phone evidence in a way which relates to electronic&comms act. Daubermann is objecting to this route. FYI

https://twitter.com/RaahilSain

 

[Tortoise]

Stander starts with case law. (in response to an application brought by Peter Daubermann)
Stander says in all probability Daubermanns application is pre-mature at this stage. He continues quoting case law
Stander says there has never been a challenge on the unconstitutionality of the section in question.
Stander says the accused CAN obtain the data pertaining to their own numbers they do have access.

Daubermann: fact that nobody has ever challenged this is irrelevant I am doing it now. It places reversed onus on accused

Judge will hand down his ruling at 9.30 am on Monday morning.

https://twitter.com/alzammer

 

[Tortoise]

Has it ever been revealed who the original informant was, that led them to LS?

 

[Tortoise]

[FONT=&quot]According to the State, cellphone plotting shows that Sibeko was with Vumazonke and Nenembe outside Jayde Panayiotou’s Stellen Glen complex in Kabega Park just five days before she was abducted, forced into the boot of a hired vehicle, then taken to remote area behind Kwanobuhle and murdered.

http://weeklyxpose.co.za/2017/06/15/cell-phone-records-issue-halts-panayiotou-trial/
[/FONT]

 

[Tortoise]

If phone plotting 5 days before the murder is all the state has to go on I don't fancy their chances of a conviction. Anyone could have been there 5 days before and then backed out.

 

[JudgeJudi]

Magistrate Abigail Beeton denied bail on 5 June, 2015. CP then appealed to the High Court. You can read a copy of the Judgment here. I found it quite interesting. Start reading on page 5 (the first 4 pages only relate to Jurisdiction).

You'll quickly pick up on the fact that Price hasn't changed his tactics since the very beginning.

 

[Tortoise]

"The case against Nenembe and Sibeko is almost exclusively based on cellphone records."

http://citizen.co.za/news/news-nati...ou-trial-cellphone-records-issue-halts-trial/

 

[JudgeJudi]

The State has more than the cell phones to rely on against the other accused though. The car they used was a rental vehicle that had a tracker

An expert witness told how a tracker fitted in the Toyota Etios allegedly used to kidnap Jayde circled the Stellen Glen complex in Kabega Park – going no faster than 25km/h – before suddenly stopping, then speeding off again.

Later, the vehicle allegedly stopped on the outskirts of Port Elizabeth, where Jayde was shot dead.

Lorenz Stoger of Cartrack PTY Ltd told the Port Elizabeth High Court that on April 13, just days before the murder, the rental vehicle could be traced to Ruth Street in Glen Hurd, where the school teacher’s colleague, Cherise Swanepoel, lived at the time.

The state claims that on the days leading up to the murder, Vumazonke, Nemembe and on occasion, Sibeko, circled Jayde’s route to work in Uitenhage, which included Swanepoel’s residence, as the two would car pool.

http://www.heraldlive.co.za/panayio...egedly-used-jayde-kidnapping-circled-complex/

 

[PrimeSuspect]

Magistrate Abigail Beeton denied bail on 5 June, 2015. CP then appealed to the High Court. You can read a copy of the Judgment here. I found it quite interesting. Start reading on page 5 (the first 4 pages only relate to Jurisdiction).

You'll quickly pick up on the fact that Price hasn't changed his tactics since the very beginning.

The judgment was fair that CP was denied bail. Well done Magistrate Beeton!

I can't believe HvB got bail, he is the only suspect with a long list of evidence against him, he also is a risk to interfere with witnesses, Marli being the most obvious, he's had 2 1/2 yrs to work on her. The investigating officer is dead and I can't find any news as to how, one of the police dockets and a laptop was stolen from Galloway's car .........there's a third but I can't think of it atm. Does HvB have dual citizenship?

The main difference between the two, CP is broke while HvB is due to inherit an incredible amount of money and assets. :sigh: