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

[JudgeJudi]

TP: So you will not be able to explain how he knew you and Mayi were in Fort Beaufort that morning?
MG: I do not know where he would have known that

TP: I refer the court to your affidavit
TP: I want you to confirm, is this your signature?
MG: Yes

TP: And you agree that it is commissioned on the 21st July 2016 by Mayi?
MG: Yes

TP: Who wrote it?
MG: I did

TP: You wrote it and Mayi commissioned it?
MG: Yes

TP: And this statement is the truth, the whole truth and nothing but the truth?
MG: Yes

TP: I want to refer you to the typed version

[TP reads from the statement]

 

[JudgeJudi]

TP: The next sentence cannot be true based on what you said today...
TP: You say that when you went to handcuff Siyoni, he scuffled and he scratched himself with the handcuffs
TP: Now just to remind you, today you said you never saw any injury and you had no idea how he got the injury
MG: I did say he had a scratch

TP: No you didn't, you said you heard from someone else he had a scratch, it is very different to what you say there.
MG: I heard about the scratch and saw the scratch

TP: You never said that
MG: During the scuffle when they wanted to handcuff him, I did not see the scratch

 

[JudgeJudi]

TP: I want to take you to page 1494 of the record
TP: This is Mayi's evidence
TP: "When we got to Infinity I was in the presence of Gcukumana and Gusha"
MG: I was not with him when he went in

TP: So Mayi is wrong?
MG: Yes

[TP reads from record]: "Thando displayed resistance to being handcuffed. My colleagues had to come to my assistance to handcuff him..."

TP: Is that correct?
MG: Yes

TP: But in your evidence, you said you did not have any role in the handcuffing of Siyoni
MG: In that office, we were four
MG: Everyone in that office assisted to handcuff him

TP: I am asking you questions, can you please stop ducking them?

 

[JudgeJudi]

TP: Your evidence, before you start jumping around again, from the beginning when you were at the office without Mayi till the time you left with Mayi, you said the accused, Siyoni, did not say anything
MG: That is correct

TP: And you were present all the time?
MG: Yes

TP: But then you going to have to say Mayi is lying
TP: Mayi says that, when he entered after the interview with Breakfast, he confronted Siyoni, and Siyoni agreed to his role he played
MG: I did not hear it

TP: You were all in one office
MG: That is correct, I did not hear that

TP: Mayi said he also told about the money
MG: I did not hear him say that

TP: What Mayi said Siyoni admitted to, did not happen in the office when you were there?
MG: I did not hear

 

[JudgeJudi]

TP: I am not dealing with that, I am dealing with while at the house
TP: Do you know anything about Siyoni coming out of the house and talking to Babalwa?
MG: No

TP: No further questions

PD: Were you present when Siyoni was handcuffed?
MG: Yes

PD: Who all took part in this handcuffing?
[MG lists names]

PD: If I count quickly, that's six of you
MG: That is correct

PD: What role did you play?
MG: I was seated, Thando was seated deeper in the office. Mayi entered and stood next to him
MG: I was seated near the door MG: When there was scuffling over the handcuffs
MG: The other members were already there with him
MG: I came to assist from behind, holding his arms so he could be handcuffed

 

[JudgeJudi]

TP: When you got to the house, were you with Babalwa?
MG: Babalwa went to fetch the money

TP: But that is not what Mayi says. He says Siyoni went to get the money and then came out and came to the car where Babalwa was and she said no she had taken the money to a relative
MG: What I know is that when we left KwaNobuhle, Mayi found out there was money that needed to be recovered

 

[JudgeJudi]

PD: Whose handcuffs were used?
MG: I don't recall

PD: His hands were handcuffed behind his back?
MG: Yes

PD: Did you see the scratch above his eye?
MG: I did not see it then

PD: Did you see it later?
MG: In the car when we were leaving

PD: What did it look like?
MG: An abrasion

PD: Was it a cut?
MG: No

PD: Was it bleeding?
MG: No

PD: Do you know how he sustained it?
MG: I did not see how he sustained it, but it could have been during the scuffle by bumping against something.

PD: Is it you saying it could be from bumping against something?
MG: That is correct

PD: So you can't say how he sustained the scratch?
MG: No

PD: Let me refer you to your affidavit, paragraph 7
PD: Can you read it out to us?
MG: "After a while, Mayi came and informed Thando that he was being arrested in connection with a murder case in Kabega Park..."
MG: "He scratched himself on the face with a handcuff."

PD: You confirm that this is what you wrote in your affidavit?
MG: Yes

 

[JudgeJudi]

PD: And you wrote it yourself?
MG: Yes

PD: And it's your handwriting?
MG: Yes

PD: And you say that Siyoni scratched himself with the handcuffs?
MG: Because of what I wrote here, could be the English

PD: So you did not mean to say he scratched himself with the handcuffs?
MG: No

PD: So you are saying you don't know what it means when you say scratched with the handcuffs?
MG: I know what it means, but what I wanted to say is he scratched himself while being handcuffed

PD: Why did you not say while being handcuffed, instead of with
MG: That's why I am apologising

PD: You have contradicted yourself and are simply not telling the truth
MG: That is not so, everything I have said is the truth. It was just a mistake.

PD: That is not the truth, you wanted to convey how Siyoni had injured himself and that you made no mistake in your affidavit.
MG: No, that is not the case

PD: No further questions
MS: No cross examination

[MG is excused]

 

[JudgeJudi]

[MS calls next witness - Audrey Till (AT)]

[TP raises point that Audrey Till's statement was only obtained in April this year]

MS: The investigating officers in this case, Captain Swanepoel and Koen, you know them?
AT: That is correct

MS: And they fall under you?
AT: Yes

 

[JudgeJudi]

MS: It is common knowledge that Mr Siyoni was taken to the offices at Organised Crime on the 28th and 29th of April
MS: Are you aware of that?
AT: Yes

MS: Do you know which building he was in?
MS: Was he in your building or Swanepoel's?
AT: Mine

MS: Do you know what venue?
AT: In the commander's office

MS: Is that your office?
AT: I am acting commander, it was someone else's office

MS: Was that office occupied at the time, or was it an empty office?
AT: It was empty

 

[JudgeJudi]

MS: We have heard of interviews of Siyoni taking place, were you aware of these?
AT: Yes

MS: Did you observe him?
MS: Did you observe any injuries?
AT: No

MS: Was he at any time threatened or intimidated?
AT: No

MS: What was his state?
MS: Was he handcuffed at that time?
AT: No

MS: Were you at any time involved in the investigation?
AT: No

MS: Did you speak to Siyoni?
AT: I did

MS: What was your conversation with him?
AT: I asked him if he understood what was happening and if he was happy with what was taking place

MS: In what language?
AT: In English

MS: It has been put to this court that Siyoni did not want to co-operate, is that your impression?
AT: No

 

[JudgeJudi]

MS: Can you tell the court how you were involved in the arrest of Panayiotou?
AT: I was in the company of the officers that arrested him

MS: Can you tell how the arrest came about?
AT: I was with Eksteen, we called the father, who came out and Eksteen said he wanted to speak to Christopher.
AT: Chris came out and he was arrested.

MS: Who arrested him?
AT: Captain Swanepoel

MS: Were his rights read to him?
AT: They were, but he refused to sign anything or say anything.

 

[JudgeJudi]

MS: And from there, what happened?
AT: He was taken to his house, where a search took place with his consent

MS: Were you present during the search?
AT: Yes

MS: Were any items seized?
AT: Yes

MS: And from there?
AT: We proceeded to Shirley Street

MS: Why?
AT: There was an attorney waiting for us

MS: And do you know who it was?
AT: Mr Griebenouw

MS: Do you know what house he was arrested at?
AT: It was a house in Uitenhage

MS: And the search?
AT: At a house in Kabega Park

MS: Do you know of a cellphone that was seized at the house?

 

[JudgeJudi]

AT: There was a search of a vehicle, in which the cellphone was found in the front panel of the car

TP: Can we stick to the trial within a trial? Mr Panayiotou has already said he gave his full co-operation.
MS: No further questions

TP: Col. Till, did you know you were going to testify last year November?
AT: There was talk about it

TP: Why did you not make a statement then?
AT: I had not been called

TP: You only made your statement in April this year?
AT: That is correct

TP: Is there a hand written version of this?
AT: No, we have typists who type for us

TP: You dictated it and it was typed?
AT: No that is not correct. Capt. Swanepoel took it down and then it was typed.

TP: And you read it and you are happy with the content?
AT: That is correct

 

[JudgeJudi]

TP: And what was the reason of the statement being made?
AT: To make a statement around the conditions of the office at the time

TP: Were you asked questions?
AT: Yes

TP: Do you see questions in this statement?
AT: It was a discussion

TP: Were you aware of the allegations that Siyoni had been assaulted?
AT: Yes

TP: Do you mention that he was assaulted?
AT: No

TP: Do you say you did not see any injuries?
AT: No

TP: When did you interview him?
AT: It was on the 28th and 29th

TP: When?
AT: I can't say the exact time as I was in and out of the office as I am acting commander.

TP: Do you mention that in your statement?
AT: No

 

[JudgeJudi]

TP: Do you mention the interview in your statement?
AT: No

TP: Why not?
AT: It was not relevant

TP: Why mention it now if it is not relevant?
AT: I was asked

TP: Were you aware that there was a recording of what took place?
AT: I was not

TP: Are you aware of it now?
AT: I am now

TP: So no one told you they were recording him?
TP: You who are head of the unit, were not aware of it?
TP: Are you saying that you only found out right now that there is an audio and transcript before this court?
AT: I was aware of it

TP: Did you hear one of the detectives say "Naai daai poes"?
AT: I did not hear that, but I would have objected to that

TP: And "Get the ****er"?
TP: Would you have allowed that?
AT: No

 

[JudgeJudi]

TP: You say, in your words, he was sober and sound of mind
AT: Because that is how he appeared to me

TP: So your observations were that he was of sound and sober mind
AT: Yes

TP: And then you say he appeared "very sober"
TP: What do you mean by that?
AT: Just a form of speech

TP: You say you were impressed with his appearance, what did you mean by that?
AT: He was well-presented, well-built and looked healthy

TP: You say you were there when Panayiotou was arrested
AT: Yes

TP: On the stoep
AT: No, outside the house

TP: You say he was warned?
AT: Yes

 

[JudgeJudi]

TP: Who warned him?
AT: Swanepoel

TP: What did he say?
AT: He warned him from memory

TP: What exactly did he say?
AT: I can't say

TP: Did he waive his right to an attorney?
AT: He didn't say anything

TP: Did he specifically say 'I dont want an attorney'?
AT: He did not say anything

 

[JudgeJudi]

TP: Well, his father will say he was never warned...
TP: Are you aware of the regulations around the rules relating to pocket books?
AT: Yes

TP: Did you make an entry into your diary?
AT: I did

TP: Did you note he was warned?
AT: I did not make the arrest

TP: Are you saying that Swanepoel told Panayiotou to sign in his pocket book to accept that he was warned and he refused?
AT: That is correct

TP: But Swanepoel does not say that in either of his affidavits

[TP asks about procedure around pocket books]

TP: Do you agree that if a pocket book goes missing it needs to be recorded?
AT: That is correct

TP: I am happy that I have reached the end of my cross examination, but I would like to get a copy of the diary.
TP: Perhaps we can take a short adjournment

DC: Court is adjourned

 

[JudgeJudi]

This trial within a trial is extremely boring but it's so important. This article will explain.

http://www.timeslive.co.za/local/20...egedly-implicating-Panayiotou-in-wifes-murder