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

[JudgeJudi]

[Stander asks if they could give an indication as to whether they would bring an application for aquittal].

TP: No application from them.

PD: I can't make such a commitment today.

Chetty: Court is adjourned to Thursday 9:30.

http://www.news24.com/SouthAfrica/N...ation-continues-in-panayioutou-trial-20170627

 

[Tortoise]

[FONT=&amp]The Herald’s sister publication, Weekend Post, revealed on Saturday that it was Donovan Vosloo, 30, an IT support technician at NMMU, who did a factory resetting on the phones of murder accused Christopher Panayiotou and his mistress, Chanelle Coutts.

---

[/FONT][FONT=&amp]While Vosloo admits to having erased the data on the phones, he says he was contacted by close friend Panayiotou weeks prior to Jayde’s death, claiming he and Coutts were experiencing e-mail and software problems.[/FONT]
[FONT=&amp]It was then decided to do a software upgrade on both handsets just two days prior to Panayiotou’s shock arrest.[/FONT]
[FONT=&amp]Vosloo said at no time did he purposely try to delete evidence.

http://www.heraldlive.co.za/news/top-news/2015/09/15/jaydes-sister-clash-facebook/

(from above article dated Sep 2015)[/FONT]

 

[Tortoise]

So Coutts and Vosloo were state witnesses and the state didn't call them. Now the defence has been given an opportunity to consult with them.

Obviously the state is confident that it doesn't need their evidence to win its case, and they would probably border on being hostile witnesses. I don't think their evidence is needed by the state either.

However, I really don't see how they could assist the defence. Nothing will save CP.

If I'm reading Doreen Loubser's tweet from yesterday accurately, the court will be finishing this Friday, unless she meant the state would be closing its case on Friday.

Waiting for another joke of a performance from CP, like his speech at the funeral.

 

[Tortoise]

Doreen Loubser has written an article explaining who's who and a really good summary to bring everyone up to date -

https://www.algoafm.co.za/article/l...accused?utm_source=dlvr.it&utm_medium=twitter

 

[JudgeJudi]

Cartoon in The Herald today

https://twitter.com/KathrynReporter

 

[JudgeJudi]

Breaking: Daubermann is bringing an application for Section 174 (as to not dissapoint Stander's anticipation he says)

Court is in session. Peter Daubermann is bringing an app in terms of Sec 174 of the CPA for the early discharge of SN & ZS

Peter Daubermann brings an application for discharge in respect of Nenembe and Sibeko (174)

Application is for Accused 3 and 4 to be aquitted due to a lack of evidence. Daubermann brings up Dewani matter

https://twitter.com/hashtag/PanayiotouTrial?src=hash

PD says there is no credible evidence on record on which Judge Chetty could possibly convict SN or ZS

He says the burden of proof is on state to prove guilt of accused beyond a reasonable doubt

State must prove each fact on which it relies beyond reasonable doubt. PD says Chetty has given Prosecutor Marius Stander a lot of rope

https://twitter.com/KathrynReporter

 

[JudgeJudi]

"MS likes surprises so I have kept some for him." PD says he had requested, in writing, further particulars from the state

PD had asked on which facts state intended to rely to establish conspiracy to murder

MS replied that the allegations were set out in summary of substantial facts & evidence is in docket

https://twitter.com/KathrynReporter

 

[JudgeJudi]

PD: In essence the test is that the close of the state case when discharge is considered.
PD: Legal position is summarised in Dewani.
PD: To summarise the legal position in terms of 174.

PD: (a) an accused may be discharged if there is no evidence, other than if he enters the witness box and implicates himself.

The section that PD is quoting, word for word:

To therefore summarise the legal position regarding applications in terms of section 174:

(a) An accused person is entitled to be discharged at the close of the case for the prosecution if there is no possibility of a conviction other than if he enters the witness box and incriminates himself;

(b) In deciding whether an accused person is entitled to be discharged at the close of the State’s case, the court may take into account the credibility of the State witnesses, even if only to a limited extent;

(c) Where the evidence of the State witnesses implicating the accused is of such poor quality that it cannot safely relied upon, and there is accordingly no credible evidence on record upon which a court, acting carefully, may convict, an application for discharge should be granted.

http://www.news24.com/SouthAfrica/News/live-defence-to-begin-case-in-panayiotou-trial-20170629

 

[JudgeJudi]

PD: The onus is on the state to prove the guilt.

PD: He must be morally certain of the guilt accused.

PD: I submit that no man can be morally certain of the guilt of accusee 3 and 4.

PD: The effect of the burden of guilt, the state must prove every fact upon which it intends to rely beyond reasonable doubt.

PD: My lord, you have given him so much rope in this case that he may think he has proven the involvement of accused 3 and 4.

http://www.news24.com/SouthAfrica/News/live-defence-to-begin-case-in-panayiotou-trial-20170629

 

[JudgeJudi]

PD: The State's case is in fact based entirely on theory.

PD: It has become apparent that the State likes surprises, so I have kept a few surprises for him.

PD: I requested further particulars, and I think he may have forgotten about that, as it occurred sometime last year.

PD: Reads his request submitted to the State.

http://www.news24.com/SouthAfrica/News/live-defence-to-begin-case-in-panayiotou-trial-20170629

 

[JudgeJudi]

PD: The law is quite clear the accused is entitled to these particulars.

PD: The State replies.

PD: Reads the State's reply.

PD: This is crucial "The State intends to rely on the allegations as set out in the substantive facts"

http://www.news24.com/SouthAfrica/News/live-defence-to-begin-case-in-panayiotou-trial-20170629

 

[JudgeJudi]

PD: It clearly says in paragraph 2, the facts it intends to prove as set out in substantive facts.

PD: refers to paragraph 7 and 8 of the substantive facts, relating to events prior to 25 April, i.e. the conspiracy part of the charges.

http://www.news24.com/SouthAfrica/News/live-defence-to-begin-case-in-panayiotou-trial-20170629

 

[JudgeJudi]

7. Early morning of 13 April 2015 accused 2 travelled from his residence in Kwanobuhle to 25 Ruth Street. He arrived there shortly after 6h00 in the morning.

On 14 April 2015 accused 2 travelled from his residence to Kwazakhele where he fetched Siyoni. Together they travelled to Deacon Road, Kabega Park, where the residence of the deceased was again pointed out to accused 2.

From here Siyoni and accused 2 travelled to Riebeeck College in Uitenhage, the school where the deceased was a teacher.

They travelled along the same way as the deceased would drive to school. On the way to Uitenhage Siyoni phoned accused 1 to confirm the details.

8. On the morning of 15 April 2015 accused 2 travelled from his residence to Kwazakhele/ New Brighton where he fetched accused 3 and accused 4.

From there they travelled to the Stellen Glen Complex in Deacon Road, Kabega Park, the residence of the deceased.

They circled the complex on a number of occasions between 6h08 and 6h21 looking to find the deceased. They were however unsuccessful.

The morning of 16 April accused 2, accused 3 and accused 4 again returned to the Stellen Glen Complex.

They again circled the complex between 5h55 and 6h21 looking for the deceased.

From here they travelled to the Swanepoel residence trying to trace the deceased.

They were unsuccessful and again returned to the Stellen Glen Complex looking for the deceased.

http://www.news24.com/SouthAfrica/News/live-defence-to-begin-case-in-panayiotou-trial-20170629

 

[JudgeJudi]

PD: So what is the facts?

PD: There is no reference there that they reached an agreement to kidnap the deceased, or to murder the deceased.

PD: In fact there is no reference to an agreement at all, and even if it accepted, there is no evidence of a conspiracy.

PD: Refers to the case against Agliotti.

http://www.news24.com/SouthAfrica/News/live-defence-to-begin-case-in-panayiotou-trial-20170629

 

[JudgeJudi]

The Act

There should be at least two people for the crime of conspiracy to be committed.

Before there can be a conspiracy, X and Y or more people must agree with one another to commit a crime. The act thus consists of the entering into an agreement which is often expressed by the statement.

http://www.news24.com/SouthAfrica/News/live-defence-to-begin-case-in-panayiotou-trial-20170629

 

[JudgeJudi]

The conspiracy need not be express : it may be tacit.

In the last instance there will be a conspiracy only if other party(ies) agree to the scheme.

A court may infer a conspiracy from a person's conduct, provided that the inference is the only reasonable one to be drawn from the proven facts.

http://www.news24.com/SouthAfrica/News/live-defence-to-begin-case-in-panayiotou-trial-20170629

 

[JudgeJudi]

PD: The State's case is that they drove around and looked for the deceased. That's the State's case.

PD: On this alone the charges of conspiracy should be dismissed.

PD: Your lordship would have noticed, that the State's case is not that he was present during the kidnapping and murder.

PD: Accused 4 (Sibeko).

http://www.news24.com/SouthAfrica/News/live-defence-to-begin-case-in-panayiotou-trial-20170629

 

[JudgeJudi]

PD: The State would therefore have to prove that there was a prior agreement, and prove that they conspired to murder her.

PD: It follows that accused number 4 must be aquitted of all charges on that basis alone.

PD: No my lord of course, the State has produced no direct evidence against accused 3 and 4 at all.

http://www.news24.com/SouthAfrica/News/live-defence-to-begin-case-in-panayiotou-trial-20170629

 

[JudgeJudi]

PD: There is no eye witness acounts linking them, there is just circumstantial evidence.

PD: There is a belief that direct is better than circumstantial, and that is not always the case.

PD: But one needs to look at how one tests circumstantial evidence.

http://www.news24.com/SouthAfrica/News/live-defence-to-begin-case-in-panayiotou-trial-20170629

 

[JudgeJudi]

PD: My learned friend is going to ask that you infer that accused 3 and 4 were involved in the kidnap and murder.

PD: But he does not even get past first base.

PD: I submit that he is going to ask you to draw inference based on speculation, not fact.

http://www.news24.com/SouthAfrica/News/live-defence-to-begin-case-in-panayiotou-trial-20170629