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

[JudgeJudi]

MS asks what led to the arrested of co-conspirator Zolani Sibeko (ZS).
"KS asked me to find out who person was using a specific number"

"I phoned no. Identified myself as person from cell network. Told him won a lucky draw. Needed to ans easy question to win R500 talktime"

"Told him I just need his name & address. He said his name was ZS & gave address in Greenbushes"

Bosch found an elderly man @ that address. ZS was found a few days later in Romulus Str, also in Greenbushes

https://twitter.com/KathrynReporter

 

[JudgeJudi]

"We spoke to his mom. She said she does not allow him @ house as he is wanted by cops. We searched house, found ZS in main bathroom"

They started looking for the cellphone. KS phoned the number. The phone lit up in an elderly lady's gown pocket who attempted to leave

The phone was confiscated & sealed in an evidence bag. MS now asks about Khusta Vandala (allegedly supplied gun)

https://twitter.com/KathrynReporter

 

[JudgeJudi]

Bosch says they is a warrant out for Vandala's address. MS asks about Dr Hosken. Bosch explains where his surgery is in Glen Hurd

From his practise you can see house of Jayde's friend, Cherise Swanepoel. (This is where SV allegedly parked when scouting Swanepoel's home)

It was previously in issue whether or not the house was visible from there. MS places photos before court to try show it is visible

Bosch was also asked to look into SV's criminal history. Found two matters. MS has no further questions

https://twitter.com/KathrynReporter

 

[JudgeJudi]

Adv Terry Price (TP) complains once again they have been ambushed. Was expecting KS to be only witness to testify

TP asks if Bosch gave a statement or if he just has a "wonderful memory". Did MS tell you what to say? "No"

Have you met Vandala?
"He was a complainant in an attempted, he was shot but evaded me. Other than going to his house, I've never met him"

TP says the state has prom ised over & over to present Vandala as a witness. Were you part of the search for him? "Not this yr"

https://twitter.com/KathrynReporter

 

[JudgeJudi]

TP asks when the photos showing Hoskin's surgery were taken.
"KS asked us to take them to clear up the issues"

TP knows the area very well. Doesn't agree with submissions of where photo was taken. TP asks for an inspection in loco (judge goes to scene)

Peter Daubermann (PD) says he is not in a position to cross-examine now.
MS doesn't want to call KS before PD is finished.

Court adjourns until tomorrow 9:30am

https://twitter.com/KathrynReporter

Here we go again. Price will do anything to stretch this out.

 

[JudgeJudi]

https://twitter.com/alzammer

Doreen Loubser‏ @alzammer · 57m57 minutes ago

#panayiotoutrial Bosch asks to give detail as to how Zolani Sibeko was arrested in July 2016 (He was last suspect to be arrested several months later)

This is incorrect. Sibeko was arrested on 17 July 2016, 15 months after the murder on 21 April 2015 .

 

[Tortoise]

5 more days left for this leg of trial. State expected to close case soon.

https://twitter.com/alzammer

Doreen Loubser posted this tweet first thing this morning. What does she mean? Is there going to be a recess after Friday?

 

[Tortoise]

Adv Terry Price (TP) complains once again they have been ambushed. Was expecting KS to be only witness to testify

TP asks if Bosch gave a statement or if he just has a "wonderful memory". Did MS tell you what to say? "No"

Have you met Vandala?
"He was a complainant in an attempted, he was shot but evaded me. Other than going to his house, I've never met him"

TP says the state has prom ised over & over to present Vandala as a witness. Were you part of the search for him? "Not this yr"

https://twitter.com/KathrynReporter

I'm not getting what's behind this line about the state promising / failing to bring Vandala as a witness. It seems as if the defence is implying that the state is hiding the witness. Anyone know why?

 

[Tortoise]

Right, I've found this report from December -

[FONT=&amp]However, Schoeman said she was of the view that if the state could prove the case as set out in investigating officer Captain Kanna Swanepoel’s affidavit, and confirmed by the affidavit of state witness Khusta Vandala, 33, then there would be a case against Sibeko.[/FONT]
[FONT=&amp]
In an affidavit presented to court during Sibeko’s bail application last week, Vandala detailed how he was allegedly asked to assist Sibeko to find a firearm for suspected hitman Sizwezakhe Vumazonke to shoot Jayde.[/FONT]
[FONT=&amp]
Vandala said he could not find a gun and pulled out before Jayde’s kidnapping and murder on April 21 last year.[/FONT]
[FONT=&amp]
State advocate Marius Stander said he would rely on Vandala’s testimony, in conjunction with Sibeko’s cellphone billing and the tracking report of the alleged hit vehicle, to prove the charges against Sibeko.

http://www.heraldlive.co.za/panayiotou-trial/2016/12/13/jayde-co-accused-denied-bail/
[/FONT]

 

[Tortoise]

[SB = Shane Bosch]
Stander now asks about Khusta (we heard his name quite a bit last week during cell phone evidence)
SB says Khusta is a wanted criminal.
SB has never spoken to Khusta but investigated him for an attempted murder where he was also shot. He kept evading him
Price asks if he is aware that State kept promising that Khusta will come testify. SB is aware.
Price asks Bosch if he was tasked to search for Khusta recently. He replies in the negative.

https://twitter.com/alzammer

So it seems the state witness Khusta Vandala has gone missing.

I think that's why I've been confused that the state has brought a case against Sibeko based only on cellphone mapping showing he was scouting the area of Jayde's house days before the murder but not on the day of the murder.

 

[JudgeJudi]

Peter Daubermann (PD) to cross-examine the witness. Starts by asking how many yrs experience he has in SAPS. "28 yrs"

Bosch became a detective in 1996. Been with OCU for just over 3 yrs

Bosch has probed thousands of cases. Often tasked to trace owners of cell numbers. In this day & age its a crucial part of investigation

PD asks Bosch to explain RICA.
"Law abiding citizens are supposed to have their numbers RICA'd but that is often not the case"

https://twitter.com/KathrynReporter

 

[JudgeJudi]

If a user transfers SIM to someone else, this should be RICA'd too

We look at the RICA details of Sizwe Vumazonke's (SV) phone. It is registered in the name of a Bruce

Zolani Sibeko's (ZS) name also doesn't appear on RICA data base for the number associated with him

Sinethemba Nemembe's (SN) number is registered to Gordon Nathan. Bosch says the ID number appears to be false

https://twitter.com/KathrynReporter

25 October 2014 is last date on RICA record, however Sibeko's name not on it. Bosch says it is a false name

Bosch does not know how he knows but says it is clear that the name is false. Daubermann brings up Nemembe's RICA

He was registered 23 Nov 2013 under name: Gordon Nathan. 3 Sept '14 number registered to someone else again July '15

Bosch says it could be that someone else is using phone or falsely registered the number.

Bosch says people who are involved in crime will always change their numbers.

https://twitter.com/alzammer

 

[JudgeJudi]

Daubermann says the record shows that different people was using number at different times, agree?

Bosch says records are false and he cannot agree with it. Daubermann says he will leave this for argument

Bosch says in the townships you can buy a RICA'd sim for R5.00

https://twitter.com/alzammer

 

[JudgeJudi]

PD asks when ZS was arrested. 17 July 2016

Were you specifically looking for ZS or the cell?
"I would say both."

And before you went to his address, you already decided to arrest him?
"We intended arresting him & taking him in for questioning"

PD has plotted ZS's parental home in Greenbushes on a map. PD shows how ZS would have had to travel to & from that address.

https://twitter.com/KathrynReporter

 

[JudgeJudi]

If ZS used either route available, he would have had to travel down Cape Rd & past the residence of Jayde

We now turn to what happened when ZS was arrested

https://twitter.com/KathrynReporter

shows two possible routes between two homes visited by cops prior to arrest

Daubermann will now take Bosch through his evidence in chief yesterday (where he asked permission to search house)

https://twitter.com/alzammer

 

[JudgeJudi]

PD asks when ZS was warned of his rights.
Bosch says he personally informed him before arresting him. Did not use an interpreter

Bosch goes over the rights read. Did he respond?
"No. He looked shocked."

Bosch said he then asked ZS about his cell & he said it was in his room. Did you ask him if he wans an attorney? "I did not"

Bosch says he did, however, while reading his rights, inform him that he is entitled to a lawyer

https://twitter.com/KathrynReporter

 

[JudgeJudi]

Where was Capt Swanepoel when you arrested ZS?
"I think he was standing in the dining room at the time".
Bosch was in the en suite with ZS

Bosch says he then handed ZS over to Swanepoel & went to look for the phone. An elderly lady was there making the bed

PD has no further questions. Prosecutor Marius Stander (MS) to reexamine the witness

https://twitter.com/KathrynReporter

 

[JudgeJudi]

Daubermann is done. Stander deals with RICA exhibit handed in by defence.

Bosch is excused.

BREAKING: State closes case. (Gasps in court)

https://twitter.com/alzammer

 

[JudgeJudi]

Price surprised (expected Swanepoel) he wants to consult with Chanelle Coutts and Donovan Vosloo as State did not call them

Price is allowed to consult. He wants time till Thursday. No objections.

Stander asks if there will be any applications for a section 174. Daubermann still considering.

Section 174 is basically an application for aquittal due to a lack of evidence (referring to Sibeko/Nemembe)

https://twitter.com/alzammer

 

[JudgeJudi]

Court will resume on Thursday morning

https://twitter.com/KathrynReporter