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

[JudgeJudi]

MS: What transpired at that stage?
MG: When Mayi came back and informed him that he was under arrest and informed him of his rights. Mayi placed the handcuff on his one arm.
MG: At that point there was a struggle between Mayi and Siyoni.
MG: Siyoni was then handcuffed.

MS: Was there any injuries to Siyoni?
MG: Not that I am aware of.

 

[JudgeJudi]

MS: I want to clarify, when you travelled to recover the money, who was in the vehicle with you?
MG: I was with Babalwa and another member

MS: Col. Mayi and Siyoni, where were they?
MG: They were in separate vehicle.

MS: After meeting the investigating officer at Kenako Mall, how many properties did you go to?
MG: Can you repeat?

MS: From the time you met the IO, and before you returned to Kabega Park police station, how many addresses did you visit?
MG: We went to two addresses.

MS: Do you know whose?
MG: The first was to Babalwa's home, and then to the relative's home.

MS: At any stage before returning to Kabega Park, was there any assault or threats made to Babalwa?
MG: No

MS: And Siyoni?
MG: No

MS: No further questions

 

[JudgeJudi]

TP: I have one affidavit from you, dated 21 July 2016, is that the only one you made?
MG: That is correct

TP: And you agree that is 15 months after the incident
MG: I agree

TP: Who commissioned your statement?
MG: I can't recall

TP: Col. Mayi
TP: Col. Mayi was with you at the time, so what you were talking about, Mayi also was part of.
MG: Yes

 

[JudgeJudi]

TP: Between the incident and this statement, did you make any other statement, written or otherwise?
MG: I never made another statement, this was the first time.

TP: Did you make any notes?
MG: I did have notes that I had made, some aspects I did remember.

TP: You are jumping the gun. Where are your notes?
MG: What happened, the pocket book that I had, last year we were told those pocket books were needed. Unfortunately the case was still in progress. We had to go and do an investigation in Gauteng.
MG: In that period, all the pocket books were in my possession, and we were preparing to come here.
MG: Coming back from Gauteng we got involved in an accident.
MG: I ended up in hospital, without knowing what had happened.
MG: Some of the items, including personal items, were lost in that accident. Including the pocket books.

TP: You took a long time to explain your pocket book was lost...

 

[JudgeJudi]

MG: I was explaining how

TP: When was this accident?
[MG gives the date]

TP: The trial was already on for five to six weeks by then. We had
been asking for the pocket books before the trial had even started.
MG: I am aware

TP: Were you asked for your pocket book prior to the accident?
MG: Yes I was

TP: When were you asked for it?
MG: I can't recall

TP: Was it 2015 or 2016?
MG: 2016

 

[JudgeJudi]

TP: But we were informed by Mr Stander that you did not have a pocket book.
MG: When I said I did not have a pocket book originally, I was told the pocket books were needed.
MG: I made an effort to go where the pocket books are kept.

TP: And did you find it?
MG: Yes

TP: And did you give it to Mr Stander?
MG: I did not have a chance

TP: So let me get this straight, you're saying before the case started you found your missing pocket book?
MG: Yes

TP: But you did not give it to them?
MG: No, I did not give it to them.

 

[JudgeJudi]

TP: But why did you not give it to them?
MG: I do not know the reason I did not give it

TP: I will address his lordship on this, it's because there is nothing there.
MG: That is not so

TP: Did you make notes on the 27th?
MG: Yes

TP: And like all your friends so far, pocket books are gone...

[OMG, these police are something else]

 

[JudgeJudi]

TP: Did you report the missing pocket book?
MG: Yes, we reported all items lost during the accident.

TP: To whom?
MG: It was in the accident docket.

TP: Did you report it to the police officer in charge of pocket books?
MG: I informed Col. Mayi.

TP: That is not good enough. The standing orders are that you have to report it to the person in charge of pocket books, did you do that?
MG: I did that, I reported to Mrs Hoff.

TP: Who is that?
MG: She works at Mount Road, she works with the pocket books.

TP: So it should be in the register

 

[JudgeJudi]

MG: When you lose a pocket book, you have to write a statement.

TP: And Mrs Hoff, does she have it?
MG: She should

TP: We will subpoena her
MG: That's fine

TP: When you wrote this affidavit, did you have your pocket book?
MG: I did not write it according to the pocket book, I wrote it based on what I could remember.

TP: If you told his lordship you assaulted Mr Siyoni, what would happen to you?
MG: ...

TP: Let me help you - You will be arrested and charged and a case will be opened against you.
MG: That is correct

 

[JudgeJudi]

TP: And what would happen to this case?
MG: The court will do what is necessary.

TP: Well, according to the Supreme Court of Appeal, the statement given by Mr Siyoni will be thrown out.

TP: So according to you, you treated Mr Siyoni like gold
TP: You never assaulted him or threatened him?
MG: I did not do anything to him.

TP: Did anyone do anything to him in your presence?
MG: No

TP: And when you picked him up at Infinity, you agree there was no mark on his face?
MG: When he came out of Infinity, my vehicle was not parked near the exit door, it was quite a way away, so I did not see him.

TP: Let's make it easy for you - You sat with him in an office for quite some time, the lights were on, were there any marks on his face?
MG: I did not notice any.

 

[JudgeJudi]

TP: You were not with Mayi when he questioned Babalwa?
MG: I was not with him

TP: So you have no idea what happened there?
MG: That is correct

TP: Let me see if I understand your testimony... When Mayi came back into the office after talking to Babalwa, what happened?
MG: Mayi came into the office. We were all seated. Mayi addressed Siyoni by his name.
MG: He informed him that he was arresting him for a Kabega case and informed him of his rights.

TP: And he was handcuffed in that office?
MG: Yes

TP: And after that?

 

[JudgeJudi]

MG: We left there
TP: And Siyoni did not say anything from the time he was informed he was being arrested, till the time you left?
MG: I can't recall him saying anything
TP: How is that possible?
TP: Either he reacted or he said nothing.
MG: The truth is, I can't recall him saying anything.
TP: He didn't say he understands his rights?
MG: I can't recall him saying that.

 

[JudgeJudi]

TP: And he did not say he doesn't want an attorney?
MG: Not that I can hear

TP: And what did he read the rights from?
MG: He did not read it, it could be he remembers them from heart

TP: And did Mayi write anything down?
MG: That that I remember

TP: What time did this happen?
MG: I can't recall the time

 

[JudgeJudi]

TP: Would it be in your pocket book?
MG: The time in the pocket book would be the time arriving at KwaNobuhle

TP: Answer my question
MG: The time of his arrest would not be in the pocket book

TP: What time was it when Mayi arrested Siyoni?
MG: Maybe sometime between 11pm and 12, I can't recall exactly

TP: Did you see Mayi call Brigadier McLaren?
MG: I did not

TP: McLaren testified in this court that Mayi had called him to inform him that Siyoni and (Babalwa) Breakfast were arrested at 10pm.
MG: I do not know of that call

TP: Is it possible that Brigadier McLaren received that call?
MG: I have no comment on that, I do not know

 

[JudgeJudi]

TP: Did you hear Siyoni say he wanted to make a confession?
MG: I do not recall

TP: Did you hear Siyoni say he is prepared to point out the money?
MG: I did not

TP: When you left the office, where did you think you were going?
MG: We were told by Mayi that he had been informed about the money from Babalwa

TP: So the info about the money came from (Babalwa) Breakfast?
MG: According to Mayi

TP: When you left the offices, were you in the same car as Siyoni?
MG: No

 

[JudgeJudi]

TP: Who was with him?
MG: Mayi and Constable [name inaudible] was the driver.

TP: Where did you go after KwaNobuhle?
MG: We went to the mall

TP: And what did you do there?
TP: Were you present when Mayi spoke to the investigating officer, Constable Koen?
MG: No

TP: And from there?
MG: We went to Babalwa's house
TP: And there you searched for the money?
MG: Yes

TP: And was a search warrant obtained?
MG: No

TP: Are you aware that where a search warrant can be obtained, you should obtain one?
MG: Yes

 

[JudgeJudi]

TP: Did you hear anyone give permission for search?
MG: I did not hear anyone giving permission, but Babalwa had given permission

TP: That is what you were told...
TP: I want to go to when you and Mayi were in Alice
TP: The time of 4:30, when Mayi got the call, how do you know that time?
MG: I was busy with taking a statement in the other investigation, and it was around 4pm.
MG: I remember that, when we were on our way back, we needed to determine what time we would arrive in PE to meet the informer.

TP: And this time you remember 15 months later in your statement?
MG: Yes

TP: You and Mayi are friends?
MG: Yes

TP: And you trust each other?
MG: Yes

[TP refers to testimony from Mayi]

 

[JudgeJudi]

[TP reads from court record where he asked Mayi if he had the names of Siyoni and Chris prior to leaving Alice. Mayi told TP that he had both names.]
TP: But you say you did not know the names of Chris or Siyoni when you were driving back?
MG: No

TP: When did you learn the names?
MG: At Brighton Beach

TP: At KwaNobuhle, were there any there people there?
MG: No

TP: So no one else was there aside from your group?
MG: No

TP: Were you part of the group that dropped Siyoni off at Kabega Park, after the search of the houses?
MG: No

TP: You saw him at the houses that were being searched?
MG: No

 

[JudgeJudi]

TP: Did you ever see an injury on Siyoni?
MG: No

TP: Not a mark
MG: I didn't see. Only one thing, was a scratch above his left eye.

TP: I'm not interested in what was said, did you see it?
MG: No I did not see it

TP: It is common cause that his eye was swollen
MG: I did not see it

TP: It is common cause, and it has gone unchallenged, Siyoni said the police had, and it is a Afrikaans word, that police "moered" him.
MG: I did not know that

 

[JudgeJudi]

TP: Have you even heard of people being tubed?
MG: I have never heard of it

TP: On the 28th, were you with Mayi when he went with Alice?
MG: Yes, we went back to Alice

TP: And as Mayi testified, you would have had to go through Fort Beaufort
MG: Yes, that is correct, the bed and breakfast we were sleeping in was in Fort Beaufort

TP: So on the 28th, you were in Fort Beaufort
MG: Yes

TP: Can you give me an indication what time that would have been?
TP: Let me ask differently - was it in the morning?
MG: Yes

TP: Did you see Siyoni?
MG: No