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

[JudgeJudi]

TP: We have got the register of the pocket books, we are grateful of that
TP: We have also got the diary and I read here "Assist with investigations Jayde Panayiotou"
TP: And on the 29th, "Accompanied to the arrest"
TP: You agree there is nothing here about Swanepoel warning Panayiotou?

AT: That is correct

 

[JudgeJudi]

TP: You're saying that Chris and his father were talking to each other at the time
AT: That is correct

TP: And you can't say if they were talking in Greek or not, because they speak to each other in Greek
AT: I can't recall

TP: No further questions

[Witness is excused]

 

[JudgeJudi]

C: Can we sit tomorrow?

TP: Unfortunately Mr Daubermann is not available tomorrow, my lord

DC: Court is then adjourned till Friday

 

[JudgeJudi]

Well, that's it until Friday. It's hard going posting the live blog all by myself. I'll be following the Henri van Breda trial in South Africa starting next Monday which is being live streamed. However, I'll post a link for the live blog and links to articles every day so you can keep following this trial.

The police evidence to date has been really dreadful. If the State can get over this trial within a trial, I'm hopeful of a good outcome. At the moment though I'm feeling very unhappy about it.

 

[perfectingpink]

Thank you so much for all of your work, JudeJudi! I wish our time zones were not so different.

The latest testimony is interesting and certainly does not bring confidence in the LE who were involved. Do you have an idea how much impact this will have on the trial?

 

[JudgeJudi]

Thank you so much for all of your work, JudeJudi! I wish our time zones were not so different.

The latest testimony is interesting and certainly does not bring confidence in the LE who were involved. Do you have an idea how much impact this will have on the trial?

Yes, the time zones can make life very difficult.

As you've probably read, the trial within a trial is "central to the state proving that Panayiotou orchestrated the kidnapping and murder" and that's what today's testimony was all about as it goes to the very heart of the issue.

I know a lot about police corruption and I've heard this sort of testimony many times. All I can say, as a lay person, is that it sounded like classic lying to me. Of course that's just my personal opinion and I can't base it on any facts.

Judge Chetty has been on the bench for more than 17 years and apparently his rulings have survived appeal after appeal. Consequently he’s one of the most respected judges in his region. He was also a judge of the Constitutional Court for 2 years and an acting judge in the Supreme Court of Appeal for a year. So his credentials are extremely impressive.

Based on that, I'll respect his findings even if I'm unhappy with them, but it would be an absolute tragedy if CP gets away with this.

 

[L2L]

Well, that's it until Friday. It's hard going posting the live blog all by myself. I'll be following the Henri van Breda trial in South Africa starting next Monday which is being live streamed. However, I'll post a link for the live blog and links to articles every day so you can keep following this trial.

The police evidence to date has been really dreadful. If the State can get over this trial within a trial, I'm hopeful of a good outcome. At the moment though I'm feeling very unhappy about it.

Thanks so much, JJ, for that thankless task posting live blog! Never heard of a trial within a trial before!

 

[L2L]

Yes, the time zones can make life very difficult.

As you've probably read, the trial within a trial is "central to the state proving that Panayiotou orchestrated the kidnapping and murder" and that's what today's testimony was all about as it goes to the very heart of the issue.

I know a lot about police corruption and I've heard this sort of testimony many times. All I can say, as a lay person, is that it sounded like classic lying to me. Of course that's just my personal opinion and I can't base it on any facts.

Judge Chetty has been on the bench for more than 17 years and apparently his rulings have survived appeal after appeal. Consequently he’s one of the most respected judges in his region. He was also a judge of the Constitutional Court for 2 years and an acting judge in the Supreme Court of Appeal for a year. So his credentials are extremely impressive.

Based on that, I'll respect his findings even if I'm unhappy with them, but it would be an absolute tragedy if CP gets away with this.

Judges good credentials might just help save the day! van Breda live on Monday!!

 

[JudgeJudi]

Thanks so much, JJ, for that thankless task posting live blog! Never heard of a trial within a trial before!

You're probably more familiar with the term "voir dire". A voir dire is commonly referred to as a "trial within a trial". It’s a hearing in which a court determines questions of fact and law after hearing evidence from witnesses. A witness's evidence on a voir dire does not form part of the evidence in the trial or hearing. It’s conducted so that a judge can decide, when evidence has been objected to, whether that evidence is to be admitted or not to be admitted.

 

[JudgeJudi]

The trial was a little late in starting. Here's the link for the live blog:

http://www.news24.com/SouthAfrica/N...inues-on-anniversary-of-jaydes-death-20170421

 

[JudgeJudi]

[Marius Stander calls his first witness]

Malan Zeelie

MS: Do you know Luthando Suyoni?
MZ: Yes

MS: And he was being held at the Kabega Park holding cells at the time?
MZ: Yes

MS: Are you familiar with the incident report book?
MZ: Yes

MS: I refer you to the following evidence before court, this is the Kabega Park incident report book?
MZ: Yes

MS: If I refer you to the incident book, here you can see you have signed on for the day?
MZ: Yes that is correct

MS: And if one looks at the book, there is a report every hour, can you explain the process of the cell visits?
MZ: We visit the cells on a regular basis, to check if there are any problems or complaints

MS: I want to take you to an example, I dont want to take you to every incident, but if we look at the entry on the 28th of April
MS: Cells visited by W/O Zeelie... * cells, no complaints and doors locked
MS: How does the visits work?
MZ: We go to each cell and check

MS: Now in the time that Mr Siyoni was there, were there any complaints?
MZ: The only complaint I had from Siyoni was that he wasnt very happy with the meals

MS: In relation to the food?
MZ: That is correct

MS: Were there any complaints in relation to him being assaulted?
MZ: No

MS: Do you have any knowledge of any injuries to mr Siyoni?
MZ: There was a slight injury to his eft eye if I recall correctly

MS: Did you note this injury in the incident book?
MZ: No, it had already been recorded

MS: So, before you had any interaction with him, the injury had already been recorded?
MZ: that is correct

MS: I have no further questions

 

[JudgeJudi]

TP: When you came on duty you noticed that there had been a note made about the injury to his eye?
MZ: That is correct

TP: And you only saw him 2 days after?
MZ: That is correct

TP: You didn't ask him how the injury had occured?
MZ: No

TP: Are you now aware that he had reported the injury to Greef and Koen, and told them the police had "moered him"?
MZ: No

TP: You were not?
MZ: It is the first I'm hearing about it

TP: When were you asked to come and testify?
MZ: Last week

TP: Are you aware that, after your entries there are entries relating to the swollen eye?
MZ: Yes, it is in relation to the booking out and booking back in of the suspect

TP: Thank you, no further questions

DC: No cross examination

MS: None

Witness is excused

 

[JudgeJudi]

MS: Calls Lefleur Baaitjies

MS: Is it correct that you are a retired police officer?
LB: That is correct

MS: And before you retired you worked at Kabega Park Police Station?
LB: Yes

MS: Where you had the position of lieutenant?
LB: That is correct

MS: And during the period of 28 to 30 April 2015, you were on duty as shift commander at Kabega Park?
LB: Yes

MS: And the evening of the 29th of April, you worked from 6pm to 6am the following morning?
LB: That is correct

MS: I want to take you to an entry, the 29th of April, at 8pm, entry 2083
MS: Cell visited by officer Greef and Lt Baaitjies, 7 cells visited, no complaints
MS: That entry, Lt Baaitjies, is that a reference to yourself?
LB: Yes

MS: Can you explain, with you as the shift commander, how does such an entry occur?
LB: The cells have to be visited by two people. When we get to the cells, if anyone has any complaints. One of the things I always ask is if they have toilet paper.
LB: If they do not have any complaints, we make an entry like this in the incident book

MS: Now, with this entry, 2086 Siyoni was not in the cell, but if we go down, we see an entry. Suspect back and charged... Mr Siyoni, ... Free from injuries
MS: Can you tell the court, whose handwriting this is. Is it your handwriting or someone else's?
LB: Someone else's

MS: If we go to entry 2089.... this is the first visit after Siyoni had been booked back
MS: We see the first entry where you and Greef visited the cells
MS: The person, Luthando Siyoni, can you remember him?
LB: Yes I do

MS: In the time you were there, as shift commander, did he make any complaints to you?
LB: No

MS: If we go to entry 2090, we see another entry. Is it correct the cells get visited every hour?
LB: That is correct

MS: No further questions

 

[JudgeJudi]

TP: Lt Baaitjies, is it correct you only made this statement on the 7th of April 2017?
LB: Yes

TP: When were you first approached to make a statement?
LB: That day

TP: And who approached you?
LB: Koen

TP: What did Koen ask you?
LB: I needed to draft a statement that the suspect had not made any complaints

TP: And did you go through the incident book before you made the statement?
LB: No

TP: So you can recall exactly what happened 15 to 2 months ago?
LB: Thats right

TP: How many people were present at the time?
LB: From the incident book, there were seven

TP: Im not interested in what was written, what do you remember?
TP: What did he look like?
TP; Did he have a beard?
TP: Did you talk to him?
TP: What did they say?
LB: I spoke to him. I remember him

TP: That is not my question, did Mr Siyoni say anything to you?
LB: Not that I recall

TP asks Baaitijes if he recalls the injury to Siyoni
LB: I didnt see anything

TP: Then you didnt see Mr Siyoni
TP: If I ask you to go back to the Kabega Park police station, go through the incident books and find any report where there is an entry that you have made of a suspect complaining that he had been assaulted by the police...
TP: Are you prepared to do that?
LB: No, where am I to get those books

TP: They are all at the police station
LB: I am a retired police officer who has 35 years of service, where am I going to find all those books

TP: Are you aware that Greef made a note that Siyoni had a swollen eye?
LB: No

TP: No further questions

MS: No cross examination

 

[JudgeJudi]

TP: Can I ask, before the next witness is called. What is the states case?

TP: Mr Stander needs to stand up and say right now that he is arguing that Mr Siyoni was not assaulted

TP: This is a case of ambushing

TP: We wrote to the State requesting all statements by March, but we only got the statements in April. 21 Statements.

DC: I cant say what the witness is going to say

TP: Unfortunately, I do

DC: It is on record that Siyoni's eye was swollen and that he has said he was assaulted

TP: Well as long as this is on record my Lord

DC: We can continue

MS: It may appear that I dont know what is going on in this case, but I do.

MS: I still intend to call the next witness my Lord

 

[JudgeJudi]

[MS Calls Zolekile Lusiphi. He is attached to the Organised Crime Unit.]

MS: Do you know Investigating officer, Kanna Swanepoel?
ZL: I do

MS: Were you involved in the investigation?
ZL: No I was not

MS: How do you know Luthando Siyoni?
ZL: I met him when I was asked to transport his family to visit him

MS: Did you chat with him?
ZL: Just in general

MS: Did he have any complaints?
ZL: He complained that he was not allowed to go to gym and was not allowed to make calls and he wanted a radio

MS: Did the family memebers of Mr Siyoni have any compaints about his detention?
ZL: No, they did not complain to me

MS: No further questions

 

[JudgeJudi]

TP: I want to place it on record that this gentleman's statement was only taken on the 4th of April, but I have no questions

TP: 4th of April this year

DC: The witness is excused

 

[JudgeJudi]

MS: I next call Shane Bosch

MS: Mr Bosch will be testifying in English
MS: Is it correct that you are a police official affiliated to Organised Crime in PE, holding the rank of Warrant Officer?
SB: That is correct

MS: The investigating Officer, Captain Swanepoel, do you know him?
SB: That is correct

MS: He is a colleague?
SB: Yes, he was my group commander

MS: Luthando Siyoni, do you know him?
SB: Yes

MS: I want to take you to 28 April 2015... if the court can just bear with me for a minute
MS: I want to refer you to the occurence book at Kabega Park
MS: [Reads entry]: 'Suspect out on investigation by W/O Bosch, Thando Siyoni, left eye swollen'
MS: That W/O Bosch, refers to you?
SB: That is correct

MS: And you had no prior dealings with him before then?
SB: That is correct

MS: And what was your knowledge of the case
SB: I had not seen the case docket, my knowledge was just what had been carried in the media

MS: Now, the signature bottom right, is that yours?
SB: Yes

 

[JudgeJudi]

MS: You make an entry, left eye swollen, can you explain what it looked like?
SB: When I booked him out of the cells, I noticed he had a slightly left swollen eye. I also made him take off his shirt to inspect if he had any other injuries
SB: I did not see any other injuries and made note of the eye before I transported him

MS: Which office did you take him to?
SB: Lieutenant Till's office

MS: And what happened then?
SB: I handed him over to Swanepoel, who explained who he was
SB: Swanepoel then explained his rights to him in English, a language he understood. An interpreter was offered to him but he declined
SB: We then sat down and had an interview with him

MS: And who was leading the interview?
SB: Swanepoel

MS: And what happened from there?
SB: While we were talking to him, he made comment that he was a state witness in this matter
SB: Swanepoel said it was not so easy, he would have to implicate someone. He had already given a confession
SB: He would have to make a statement to implicate someone else for him to become a state witness
SB: From there, Siyoni said he would phone his boss, Mr Panayiotou, and from that we would be able to hear what his role was in the matter
SB: Swanepoel said he would have to call the director of public prosecutions to determine if that was legal.

 

[JudgeJudi]

[TP interjects]

TP: Until the attorney general comes to testify, this is hearsay... it is not even hearsay it's double hearsay

MS: If this in dispute, I will call the person, I will call the entire chain of people

TP: He doesnt have to call the whole chain, he just has to call the person involved

MS: I am going to ask the evidence to be allowed
MS: If it is in dispute, I will call the person

TP: It is in dispute, I want to make that clear now

MS: I will then call him, My Lord

DC: You can proceed

MS: Thank you my Lord
MS: Continue