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

[JudgeJudi]

Kathryn Kimberley Retweeted
HeraldLIVE‏ @HeraldPE [video=twitter;857923398214852609]https://twitter.com/HeraldPE/status/857923398214852609[/video]

Jibes between Panayiotou advocate, witness

Kathryn Kimberley‏ @KathrynReporter

Court is in session. Cross-examination of Kanna continues

During the break he was asked to count the number of calls LS made to CP. He counted 13. TP says this incorrect

TP asks if Eksteen told him what CP was telling him. Were you aware Eksteen told CP he wasn't part of the investigation? "Yes"

Was this to get info because he was like a member of the family?
"The object was not to infiltrate the family"

"If CP would have told anyone anything, it would have been Eksteen"

TP says at one point CP clearly told Eksteen that LS kept phoning him. "Correct" Kathryn Kimberley Retweeted
HeraldLIVE‏ @HeraldPE [video=twitter;857923398214852609]https://twitter.com/HeraldPE/status/857923398214852609[/video]

Jibes between Panayiotou advocate, witness

Kathryn Kimberley‏ @KathrynReporter

Court is in session. Cross-examination of Kanna continues

During the break he was asked to count the number of calls LS made to CP. He counted 13. TP says this incorrect

TP asks if Eksteen told him what CP was telling him. Were you aware Eksteen told CP he wasn't part of the investigation? "Yes"

Was this to get info because he was like a member of the family?
"The object was not to infiltrate the family"

"If CP would have told anyone anything, it would have been Eksteen"

TP says at one point CP clearly told Eksteen that LS kept phoning him. "Correct"

 

[JudgeJudi]

Kathryn Kimberley‏ @KathrynReporter

"He doesn't tell Eksteen what calls were about, just says he received strange calls. This would have been the perfect time for him to do so"

TP tells Kanna he doesn't make sense. "My explanation is simple"

Who said 'kry daai po**'? "Those are not my kind of words. I obviously heard it as I was there but I can't remember now who said it"

TP is still going over the phone calls, who phoned who

A t one stage, LS asked CP to call him back. TP says this didn't happened right away. Kanna that points to a missed call from OK

TP says lots of people work at OK. Could have been anyone

Kanna then reads from the next conversation. CP tells LS he is at the shop

He then points to where CP tried to call LS off his own phone & then the phone Vosloo gave him

LS missed all these calls. He was already back in the cells

TP now refers to a call from LS at 17:23. This is call number 29. And 17:24. Call number 30. Then one at 18:50

Where is call 31? "Is it not on the recording?" TP says they can't find that call anywhere

Records show the call was made but no recording of it

Kanna says after call 28 there were only discussions about details of the meeting. It was already set up

 

[JudgeJudi]

Kathryn Kimberley‏ @KathrynReporter

Eksteen's phone was sent to cyber unit so if recorded, it should be there.
TP: But we will never know what was said to CP in those calls

We go back to when Kanna visited LS in cells. TP will lead evidence Kanna encouraged LS to destroy recordings between LS & his lawyer

Did you hear Scholtz tell LS that he doesn't want to be involved because you & MS are colleagues? "No"

"I only saw him hand the documentation to LS & told him to do with it what he wants”

"I'm not saying the files weren't destroyed, I'm saying I never did it".
Do you know what happened to that info? "No"

TP refers to May 2015 bail application. One of the discussions revolved around a motive for the murder. Did you have a motive at that stage?

“Jayde did not fit into the picture of CP."
What does this mean?
"CP was more with Chanelle Coutts & Clariska Kapp. He hardly saw Jayde"

Did you not allege that you were going to do a substantial audit of his financial situation?
"LS said Jayde was costing him too much"

Where is this forensic investigation.
"It was our route but we found almost everything we wanted. (Deviated from plan in bail app)"

Where does it come from that he couldn't divorce Jayde because he would be disinherited? "Eksteen said so". And that was enough?

 

[PrimeSuspect]

:tyou: JJ for the updates.

This has been handled so poorly by the police, I wouldn't be surprised if CP walks. I have to admit, I'm a bit lost.

 

[PrimeSuspect]

http://www.news24.com/SouthAfrica/N...-alleged-middleman-to-take-the-stand-20161111

 

[PrimeSuspect]

http://www.news24.com/SouthAfrica/N...i-back-for-day-28-in-panayiotou-case-20161118

 

[JudgeJudi]

Kathryn Kimberley‏ @KathrynReporter

Kanna says CP's dad, Costa, said he would disinherit his son. How were you going to prove this?

Costa submitted an affidavit during that same bail application rubbishing this

Chetty asks TP if this cross-examination is necessary. TP says he will move on

Now asks about claim that CP felt forced to buy house with Jayde, that she spent too much money

MS said at bail application that Coutts & Kapp would testify to this. Kanna says they did corroborate claims that Jayde spent too much money

TP shows Kanna a statement by Coutts

It was taken by Kanna, but not signed

TP says this statement was not given to the defence by the state.

"If I remember correctly, this statement was taken to be typed, but mistakes were highlighted. Coutts was not happy with the statement"

TP says the statement contains things Coutts did not say & that's why she refused to sign

"I wrote down what she said but she was not happy with certain things such as dates"

Kanna says Coutts did not sign anything without her attorney, Danie Gouws, being happy

 

[JudgeJudi]

Kathryn Kimberley‏ @KathrynReporter

TP says he is not allowed to consult with Coutts but he received info that the contents of statement never came from Coutts

You wrote the statement then dropped it off with her & told her to sign

Did you try serve a 205 warrant on Coutts? It was brought up with her attorney but never went through with it? "That's correct"

“From the beginning she held us responsible for the arrest of CP & we wanted to hear a recording she made of our consultation"

“She was our witness". TP: She was handled with disrespect & that's why you want to hear recordings

TP: This is a state witness but you sent someone undercover to listen to what Coutts was discussing with CP in prison

Definitely not to listen to conversation. Coutts & CP knew they could not talk. The family now present in court also knew this"

"She even visited CP with the Panayiotou family"

 

[JudgeJudi]

Hi Prime,

Don't say that, don't think that. We're already 2 down as it is. The next 2 are going to completely do my head in.

 

[JudgeJudi]

Kathryn Kimberley‏ @KathrynReporter

Chetty says this is all very interesting but he doesn't know where this is going

Kanna asks why then Coutts wrote in visitation book that she was visiting another murder accused, Jens Leunberg

TP responds that the family are helping Leunberg, whose family is in Germany

Leunberg is also a client of Gouws

Court adjourns until Tuesday. Chetty has asked that things in the trial within a trial wrap up as soon as possible

 

[JudgeJudi]

I think Price is getting a lot of this out now to soften the impact of it all coming out in XX. Chetty J isn't impressed.

 

[JudgeJudi]

Hopefully the trial within a trial will conclude today.

Court is in session.

Live tweets

[url]https://twitter.com/KathrynReporter[/URL]

 

[JudgeJudi]

2 May 2017

http://www.news24.com/SouthAfrica/News/live-panayiotou-trial-continues-in-pe-20170502

 

[JudgeJudi]

3 May

HeraldLIVE ‎@HeraldPE

Panayiotou’s lawyer on offensive http://ow.ly/txMA30bnQjl

Court proceedings due to proceed at 2pm

 

[JudgeJudi]

3 May

The Defence calls its first witness in the trial within a trial

The court is currently conducting a trial-within-a-trial to determine the admissibility of a video recording of a conversation between CP and Luthando Siyoni, a bouncer at his nightclub. LS allegedly helped CP find Vumazonke to carry out the murder, and turned State witness.

Prosecutor Stander placed two sworn affidavits made by CP in his first and second bail applications, as well one made by his father, on record. He said he had now finalised his case in the trial-within-a-trial.

Terry Price for CP then called former attorney, Anne Swanepoel, who had initially represented Vumazonke in the case, to the stand. Vumazonke had to seek new counsel after Swanepoel was removed from the roll of attorneys in July 2015, after a court found she stole R90 000 from a client and his counsel.

Swanepoel had represented Vumazonke in a number of “minor cases” over the past 15 years. When she attended the holding cells to see him following his arrest for the CP case, she could see he’d been assaulted. She said, “He was tired and wasn’t standing upright. His left eye was severely swollen. It was closed. He couldn’t see through it. His jaw was also swollen, and his lip”.

Swanepoel said Vumazonke told her that he'd been assaulted by police officers at the Kabega Park police station. She gave notice of intent to initiate civil action against the police for wrongful arrest and had asked for access to Vumazonke’s medical file from St Albans prison, but never received it.

Stander told Swanepoel it had never been put to the court that Vumazonke was assaulted at the Kabega Park police station, but that he was injured during his arrest.

http://www.news24.com/SouthAfrica/N...s-in-panayiotou-trial-within-a-trial-20170503

The trial resumes today at 9.30am.

 

[JudgeJudi]

4 May

Live tweets from court

http://www.heraldlive.co.za/panayiotou-trial/2017/05/04/live-panayiotou-trial-day-44/

 

[JudgeJudi]

4 May

The Asset Forfeiture Unit has gone after the money CP allegedly paid a former employee to take out a hit on his wife.

The state attorney wants this money forfeited as well as the cash CP allegedly gave to the self-confessed middleman to disappear after the murder.

AFU investigating officer Clinton Brown said Luthando Siyoni was a lowly paid employee of CP’s and the only conceivable reason for his former boss to give him this amount of money – about R80 000 – was clearly to effect the hit on Jayde.

“The property was clearly proceeds or an instrumentality of a conspiracy to commit murder,” court papers state.

When police arrested Siyoni shortly after Jayde’s murder, they confiscated R31 300 in cash. At the time, Siyoni alleged this was his cut in the R80 000 CP paid him to organise hitmen to kidnap and kill his wife. The remaining cash was allegedly paid over to now deceased suspected hitman, Sizwezakhe Vumazonke.

The state also claims that CP then paid Siyoni a further R4 550 during a sting operation which is the subject of a trial-within-atrial.

Brown said Siyoni’s claim that CP had given him this R4 550 was confirmed by audio and video surveillance.

In the criminal matter yesterday, state advocate Marius Stander closed his case in the trial-within-a-trial, allowing the defence to call its first witness.

http://www.heraldlive.co.za/news/2017/05/04/state-goes-cash-paid-jayde-hit/

 

[JudgeJudi]

Anne Swanepoel, who represented Vumazonke before she was struck from the roll of attorneys, testified that Vumazonke had told her the police had assaulted him. She said when she visited him in the cells shortly after his arrest, his eye was swollen shut and he could barely talk. However, he told her he had been assaulted at the Humewood Police Station and not at his place of arrest some 30km away, as the defence claimed.

The AFU, has meanwhile, asked for the R35 850 retrieved from Siyoni to be forfeited to the state.

“I point out that a conviction is not required for a forfeiture order in terms of the Prevention of Organised Crime Act,” now retired Eastern Cape deputy director of public prosecutions Advocate Willie Kingsley said. “It is abundantly clear [CP] was involved in a conspiracy to murder his wife, a serious crime affecting the community’s well-being.”

In a separate statement, Captain Kanna Swanepoel said that while Siyoni had since deviated from what he had told police on his arrest, he still stood by the fact that he had received R80 000 from CP.

http://www.heraldlive.co.za/news/2017/05/04/state-goes-cash-paid-jayde-hit/

 

[JudgeJudi]

5 May

HeraldLIVE ‎@HeraldPE

TP apologizes for the delay. Says witness was late. Siyanda Siyoni, LS's brother, is sworn in

Siyanda says he is LS's younger brother. He was living with his mom in Kulati Street in July 2015

He says he was asleep when someone started searching his room. Two others were busy in another room. They were armed.

Did you see LS? "Yes. He was swollen on his face and eye" he can't recall which eye

Siyanda spoke to his brother. Told him not to worry

Can you recall what he was wearing? "A Nike tracksuit top and a jean". TP shows Siyanda the jeans before court

"I did not observe the condition of the jeans but he was holding onto them. He was handcuffed"

TP shows Siyanda a picture of LS wearing the black top and jeans. There is no tear in the pic. TP has no further questions

https://storify.com/HeraldPE/panayiotou-58f7388c148db83c0e81122d

 

[JudgeJudi]

5 May

HeraldLIVE ‎@HeraldPE

MS: Did you observe any other injuries? "No."

Did he have a cut lip? "I didn't see that. Only observed swelling

Have you been handcuffed? "No". LS, if I understand correctly, was handcuffed in front & holding pants. Why do you say he was holding pants?

Was he holding his pants with his thumbs or fingers? "He was using his hands" You sure? Was he wearing a belt? "I didn't observe that"

Why do you remember that he was holding onto pants? "Because I was shocked he was swollen & handcuffed". Where in house did you see LS?

"In front room". Where was your mom? Siyanda says he joined them at some stage

Did your mom ask LS what happened to his eye? "I was shocked. When my mom came, the police were rushing out with him"

"She didn't directly ask him but he said he is going to be fine and she must not worry"

MS has no further questions. Witness is excused. TP asks again if he can consult with Chanelle Coutts & Donovan Vosloo. Chetty says no

TP closes his case. While MS is ready to argue now, TP says the record is voluminous and he needs time

Chetty wants both parties heads of argument before court resumes on 12 June

He gives the parties until the end of May to file their heads. Chetty will likely then have his judgment ready on 12 June

Court adjourns until then

https://storify.com/HeraldPE/panayiotou-58f7388c148db83c0e81122d

The trial will continue on 12 June