AS IT HAPPENED: Siyoni claims original statement deleted

2016-11-18 12:30

After being declared a hostile witness Luthando Siyoni will again take the stand for his sixth day.

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Last Updated at 10:48
18 Nov 13:42

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18 Nov 13:35
More stories on the Panayiotou case will be updated later today.

18 Nov 12:41
Court is adjourned till 14:15.

18 Nov 12:41

TP: May we go to exhibit BC1?

TP: The Facebook entry.

TP: You have already been taken through this, the Facebook, if we can go down to the conversation.

TP: This is basically Facebook conversations between yourself and Mr Panayiotou.

TP: My Lord, Mr Griebenow has given me times on this video, so we don't waste time going through the whole thing.

TP: I wonder if now is not the appropriate time to take the lunch adjournment?

Chetty: Court is adjourned.


18 Nov 12:39

LS: And then a warrant officer came and asked if I wanted him to destroy the file on my behalf, if I wanted him to burn it for me.

TP: Is it a white male, black female?

LS: Male.

TP: Name?

LS: Botha.

TP: And then?

LS: He said he would destroy the file because the paper, especially the cover, could block the toilet.

LS: And did you keep that file?

LS: Yes.

TP: And that was given to the defence and the state?

LS: Yes.

TP: And in that file it clearly spells out how you were assaulted?

LS: Yes.

TP: And did you use Scoltz again?

LS: He never came back.

TP: You were lucky.

TP: And then you contacted Ngqeza?

LS: Yes.

TP: And you were still in custody?

LS: Yes.

TP: And it was in fact Mr Ngqeza that got you out of Humewood?

LS: Yes.


18 Nov 12:35

LS: When he gave me the documents, I saw he was scared.

TP: Clearly.

LS: Then he said I could destroy them, but I was confused. I didn't know why I would want to destroy the content.

TP: Did you destroy it?

LS: No.

TP: Did he delete the information on the dictaphone, before he came to see you?

LS: Yes.

TP: Without your permission?

LS: Yes, without my permission.

TP: That must have come as a shock, that your attorney would delete something without your permission?

LS: Yes I was confused what was happening.

TP: So now he leaves, did he leave you with Swanepoel in the cell?

LS: Yes, then Kanna said I must destroy the file.

LS: He said my life depended on what was in that file.

LS: He said I must destroy the files.

LS: I went to the toilet, and made as if I was tearing up the file.


18 Nov 12:32

LS: Mr Ryno and Kanna came to visit me during the night.

Chetty: Night?

[interpreter] Yes he said during the night.

LS: So he came.

TP: Is this after you told him to bring his things?

LS: I never told him that.

LS: He came with his file and some documents.

TP: This is despite you inviting him?

LS: Yes. Then he said "Thando, here are your things, if you want to destroy them that's fine".

LS: He said he didn't want to have problems with Kanna and Stander.

TP: He said he didn't want problems with Kanna and Stander?

LS: Yes, because they are colleagues.


18 Nov 12:27

TP: I now take you to the record of a meeting between you and one Ryno Scoltz.

TP: This took place before we brought the second bail application.

TP: First, was it your free and voluntary choice to get Scoltz?

LS: Yes.

TP: And he came to see you and brought a dictaphone?

LS: Yes.

TP: And he asked if he could tape your conversation?

LS: Yes.

TP: And in fact he met you twice and recorded both?

LS: Yes.

TP: And you sent him to Mr Stander to talk about various issues?

LS: Yes.

TP: And not long after that you asked him to come back to Humewood, and instructed him to bring his dictaphone and file with him?

TP: And you then instructed Mr Scoltz to delete everything on his dictaphone and remove everything in the file?

LS: Yes.

TP: Tell us how that happened.

LS: My attorney Mr Scoltz came to visit me in Mr Kanna Swanepoel's company.

TP: Is this after he had taped what you said?

LS: Yes.

TP: Carry on.


18 Nov 12:23

TP: I want to jump a bit. Do you remember when you saw Mr Vumazonke, either you were taken to him or he was brought to you, but when you saw him, you said in Xhosa, "They did the same to me".

LS: Yes that is correct.

TP: And I also recall, Kanna brought a person named Trompie to you?

LS: Yes.

TP: And Trompie denied that he had been approached by you to have someone killed?

LS: Yes.

TP: For the record we don't have a statement from him.


18 Nov 12:21

TP: Did Van der Spuy ever discuss section 185 with you at all?

LS: No, Mr Van der Spuy never explained anything to me.

TP: In fact from what you tell us, Mr Van der Spuy was a ghost?

LS: That is correct.

TP: In fact it is our understanding that if any other lawyer approached you, you were to say Van der Spuy was your attorney?

LS: Yes.

TP: So in fact that prevented you from getting another attorney?

LS: Yes.


18 Nov 12:19

TP: This is the order to detain you.

TP: I want to read the statement by Swanepoel, which was used to detain you.

TP: In the statement, Swanepoel makes reference that Chris's family had gone to Babalwa and asked them where you were.

TP: Did Babalwa say anything to you?

LS: No.

TP: She used to visit you?

LS: She stopped visiting me.

TP: But during the time she did visit, did she tell you anything about the family threatening her?

LS: She never said anything like that.

TP: Was it discussed with you by Kanna or any police officers?

LS: What was mentioned was that Chris wanted to kill me.

TP: Did you ever see that statement to get the order?

LS: That statement was never shown to me.


18 Nov 12:16

TP: Did you ask him about why there were no magistrates?

LS: Yes, I asked him that, and he said it was not important.

TP: I want to go back to the time you were interviewed the 28th and 29th of April, how many people were with you?

LS: In Kanna's office?

TP: Yes.

LS: There was Bosch, Chris's chommie.

TP: Eksteen?

LS: Yes, an Indian man, an elderly man near retirement, and Kanna.

TP: And Koen?

LS: Yes.

TP: So you and six policemen?

LS: Yes.


18 Nov 12:14

TP: The fact that you asked magistrates repeatedly that you wanted Van der Spuy to come visit you and that ever happened, was that frustrating?

LS: Yes I called Van der Spuy inviting him to come and see me, and he didn't. In fact I even reported it to the station commander.

TP: But even that didn't help?

LS: Yes he never came.

TP: The first order was that you be held until 31 January, then the next order was that you be held from 31 January until sometime in July. Were you aware of that?

LS: I was never aware.

LS: I recall asking the magistrate that there was a time that I did not receive any visitors.

TP: Let me tell you why.

TP: The order was never served on the magistrates, so for six months the magistrates didn't know to visit you.

TP: What I want to ask you, in those six months, did Kanna come visit you?

LS: During that time, most of the time he never came, he only really came when the magistrates visits resumed.

TP: Did you discuss with Kanna where the magistrates were?

LS: Kanna never gave me a clear answer. He said I mustn't give them trouble I must only speak to them about issues at Humewood.


18 Nov 12:10

TP: Who called your mother?

LS: It was either Mr Stander or Mr Ngqeza.

TP: Were they present during this consultation?

LS: Myself, Mr Ngqeza, my mother, Mr Stander and my cousin.

TP: Where did this take place?

LS: Here at the High Court.

TP: So your mother and cousin can testify to this?

LS: Yes, because they left here crying.

LS: I told them I will rather go to jail than tell a lie.

TP: In fact at one stage you were made available to us.

TP: But before you could even talk to us, you were then a state witness again?

LS: I was told I was going to testify for the defence, then Mr Ngqeza came back and said that I was going to testify as a section 204.

TP: So let me get this straight, you didn't want to answer Mr Stander's questions, because you were scared you would be arrested?

LS: Yes.


18 Nov 12:07

TP: Now before you got into the box on Friday last week, were the state aware that you were going to say you were assaulted?

LS: Yes they knew.

TP: In fact Kanna Swanepoel knew 28/29 April last year already?

LS: Yes he knew.

TP: And prior to Friday, the 11th, did you make officials of the state aware that you were not happy with the content of the statement in Fort Beaufort or the one made on the 3rd of May?

LS: Yes I told them.

TP: So what you are saying is that prior to your testimony, you were going to challenge those statements?

LS: Yes I made it very clear to Mr Stander that I was not going to align myself with telling the court what was contained in that statement.

LS: They can rather make me an accused person.

LS: What they did was call in my parent to try and convince me.

LS: Because it was conveyed that I was going to serve life in prison, if I was an accused person.

TP: When you say parent, you talking about your mother?

LS: Yes.

TP: Is your father alive?

LS: No.

TP: When was this?

LS: After I told Mr Ngqeza that I won't come to the court and tell lies.


18 Nov 12:03

TP: So you had no idea why you were there?

LS: No.

TP: And while you were there you lost your business?

TP: You lost your gym?

LS: Yes, I lost the gym, I lost my family.

TP: You have a child?

LS: Yes.

TP: How old is the child?

LS: Three-years-old.

TP: And did you ever see the child while you were locked up?

LS: No.

TP: Is she a girl or boy?

LS: A girl.

TP: And you missed her terribly?

LS: Yes.


18 Nov 12:00

TP: And he explained 185 to you?

LS: Yes.

TP: Is it true you were told that the Panayiotou's had taken out a hitman to kill you?

LS: Yes.

TP: And you never believed that?

LS: No I did not believe it.

TP: And were you afraid of Sizwe?

LS: No.

TP: In fact he was your friend?

LS: Yes we were close friends.

TP: In fact he's half your size, you could kill him in a few minutes?

LS: Yes he was small.


18 Nov 11:58

TP: reads "After a while Mayi came back and asked us to handcuff Mr Siyoni, and scuffling took place."

TP: There was no scuffle, you were assaulted?

LS: Yes.

TP: I now take you to when you were detained, under section 185.

TP: Exhibit BF1.

TP: This is the order made on the 5th of August 2015, that you were to be detained at Humewood until 31 January 2016. That was the first one.

TP: It says there that having heard M Stander and Van der Spuy in Chambers, did Van der Spuy ever tell you this was going to happen?

LS: No, he never told me.

TP: In fact if you go through the visits by the magistrates, you ask them to explain 185 to you, sorry, I mean 204?

LS: Yes I asked four or five of them.

LS: But no-one gave me a clear explanation.

LS: Then Kanna said to me the fact that I made the query from them relating to section 204.

LS: He said the magistrates could not give me that information.

TP: But Mr Scoltz read it to you, he read the whole act to you?

LS: Yes and that was when I understood.


18 Nov 11:54

TP: So you don't even know on whose evidence they were relying on to make the arrest?

LS: No I don't know.

TP: I want to take you to BN, this is a statement by Captain Mayi, 29 July 2016.

TP: You will see, unsurprisingly, commissioned by Kanna.

TP: I showed you the statement taken down by Kanna, where you refer to the word scuffle, and you allegedly don't know the word scuffle.

LS: yes I remember.

TP: I want to show you what Mayi said, as late as July this year, if we go to the third last paragraph, lo and behold, a scuffle ensued, but you say there was no such thing as a scuffle.

LS: That is a lie.

TP: I take you to a statement from another police officer who was with Mayi at the time. He was part and parcel of the team who arrested you but only made a statement in July 2016.


18 Nov 11:54

TP: So you don't even know on whose evidence they were relying on to make the arrest?

LS: No I don't know.

TP: I want to take you to BN, this is a statement by Captain Mayi, 29 July 2016.

TP: You will see, unsurprisingly, commissioned by Kanna.

TP: I showed you the statement taken down by Kanna, where you refer to the word scuffle, and you allegedly don't know the word scuffle.

LS: yes I remember.

TP: I want to show you what Mayi said, as late as July this year, if we go to the third last paragraph, lo and behold, a scuffle ensued, but you say there was no such thing as a scuffle.

LS: That is a lie.

TP: I take you to a statement from another police officer who was with Mayi at the time. He was part and parcel of the team who arrested you but only made a statement in July 2016.


18 Nov 11:51

TP: He also speaks of bruises on your ankle. Is that where they jumped on you?

LS: Yes.

TP: He asked where were the bruises obtained and you said during arrest?

LS: Yes.

TP: But he never asked you how they were sustained?

LS: He asked me after some time what was done to me.

TP: When was that?

LS: It was after I had done the recording with Chris.

TP: And amazingly, after you have done the recording with Chris, you suddenly get a lawyer.

TP: It appears to me your requests for a lawyer fell on deaf ears, because they realised that if you got one, you would stop cooperating with them?

LS: That is correct, when I was at Kabega Park I asked for an attorney.

TP: I want to take it further, you repeatedly asked for an attorney and you were told you will not get one until you implicate Chris?

LS: That is correct.

TP: And suddenly after your meeting in the car, you got an attorney?

LS: That is correct.

TP: Were you ever told you were not obliged not to go to that meeting with Chris?

LS: No I wasn't told that.

TP: More importantly, were you told that what happened in that car could be used against you in a court of law?

LS: I wasn't told that.

TP: Were you ever informed on what bases, on what evidence, you were arrested?

LS: No.


18 Nov 11:47

TP: In fact he must have seen your injuries, but didn't ask you about it.

LS: No he did not.

TP: In fact our evidence is the only thing he said to you is that "you are in deep shit".

LS: Yes.

TP: And this statement was taken down in English?

LS: Yes.

TP: Now here you are asked, have you ever made a statement like this before, and apparently you answered no, do you recall?

LS: No I don't recall.

TP: This is the 3rd of May, five days after you have been assaulted.

TP: Here he asks you if you have any injuries. He notes bruises to ankle, wrists and red left eye.

TP: So clearly if Kanna is telling the truth here, your red eye was still visible five days after your arrest?

LS: Yes I recall him observing the bruises on my wrists because of the handcuffs.


18 Nov 11:44

TP: When you went to meet Christopher on the 29th in Algoa park, that was an idea from the police, not Christopher, is that correct?

LS: Yes.

TP: And if we look at all the conversations up until then, Chris never said anything to indicate he was aware of what you were talking about?

LS: No, he was not aware what I was talking about.

TP: I now take you to AY1, this is the statement you made to Kanna on the 3 of May 2015.

TP: I am not going to ask you about the content, for reasons you have already indicated.

TP: Do you recall making this?

LS: I made several statements with Kanna, I can't recall when I made this one.

TP: I understand, but was Van der Spuy with you when you made any of those?

LS: No.

TP: In fact was Van der Spuy of any use to you at any point in time?

LS: No.


18 Nov 11:42

TP: Do you understand the term the police were fishing?

LS: I have heard it but I don't understand.

TP: Would you have used it?

LS: No.

TP: Do you know the word ample means?

LS: No.

TP: Would you use it?

LS: No.


18 Nov 11:40

TP: And if we scroll down, there is an entry where you say "I already made a statement and stand by it" did you say that?

LS: Yes.

TP: When you were in Fort Beaufort, you spoke to him in Xhosa and you were comfortable with that?

LS: Yes.

TP: But when you spoke to Kanna you spoke in English and waived your rights to an interpreter, is there truth in that?

LS: No that is not the truth.

TP: Would you have asked for an interpreter if you were given the opportunity?

LS: Yes I would have.


18 Nov 11:38

TP: I want to take you to exhibit BK, this is the warning statement taken from this witness by Koen, which was taken on the 29th of April.

TP: You can see that this ended at 17:45.

TP: So you were in the company of Constable Koen from 17:00 to 17:45?

LS: Yes that is correct.

TP: I asked the suspect to show me the injuries and noticed the following, swollen left eye.

LS: Yes, I see that.

TP: So clearly from that, Koen on the 29th of April, was able to see the injuries?

LS: Yes.

TP: And where it says when he sustained the injuries, it says when he was arrested, did you say that?

LS: Yes.


18 Nov 11:36

TP: If I take you to Mr Recording 15.

TP: The call ends. Eksteen: "You didn't ask him what time he must meet you, what now? What now? When must you meet him? wait wait wait."

TP: Do you remember?

LS: Yes.

TP: That shows impatience.

LS: Yes.

TP: And they repeatedly told you what to say?

LS: Yes.

TP: "Ok, kry daai poes [Ok get that poes]."

TP: It is a male speaker.

TP: Whoever this person is, is referring to Christopher Panayiotou as a poes.

LS: Yes.

TP: Do you remember this?

LS: Yes.

TP: You remember that at one stage Christopher told you that he wanted to meet you at OK, but that they told you they didn't want you to meet him there?

TP: Would you have met him there if they hadn't told you not to?

LS: There was nothing I wanted from Chris.

LS: They wanted something from Chris.


18 Nov 11:31

TP: I now take you to My Recording 12.

TP: I am not going to take you through all the calls, there were numerous calls from the 557 number and Christopher.

TP: Phone rings, Chris says "I'm busy", you say "okay" the call ends.

TP: Did it become clear that Christopher didn't want to talk to you?

LS: Yes.

TP: And yet they kept on pushing you to speak to him?

LS: Yes.

TP: I will deal with the language at a later stage.


18 Nov 11:29

TP: Here is another call made it goes to voicemail. Eksteen says "No No he must call again.. hy moet pressure voel [He must feel pressure]".

TP: You remember that?

LS: Yes.

TP: I now go through to My Recording Nine.

TP: This is a conversation between you and Donovan Vosloo.

TP: Do you recall?

TP: You may not know this, Chris was in the car when the phone rang, but he was sick and tired of being called by this number.

TP: That's why he didn't speak to you.

TP: I now take you to My Recording 10.

TP: " Daai ou is nou op sy fokken senewees [That guy is now very nervous]".

TP: I want to ask you, there is a lot of foul language here, do you remember foul language being used?

LS: Yes.


18 Nov 11:25

TP: I am going to take you through select parts of the recordings.

TP: This is now the fifth recording.

TP: Male speaker: He knows the shit is on him.

TP: Male Speaker: Now you have to get that guys statement.

TP: Do you know what he meant by that?

TP: If you can't answer, that is fine.

LS: I don't follow what is being said.

TP: I don't either.

TP: I want to take you to recording seven.

TP:  Thando you say, "I don't understand Chris is clever".

TP: And Kanna says "No fuck, he thinks he's clever".

TP: Do you remember him saying that.

LS: Yes he said that.

TP: You say "I don't have an hour".

TP: Chris says "You phone me now, I have had my wife's funeral today".

TP Now interestingly, Leon Eksteen, who was with you, was actually at the funeral.

TP: I just want to put that on record.

TP: This is Eksteen "Listen. Implicate him".

TP: Is this how they dealt with you, constantly telling you to implicate him?

LS: Yes, they said either I go away for 25 years or get Chris.


18 Nov 11:25

TP: I am going to take you through select parts of the recordings.

TP: This is now the fifth recording.

TP: Male speaker: He knows the shit is on him.

TP: Male Speaker: Now you have to get that guys statement.

TP: Do you know what he meant by that?

TP: If you can't answer, that is fine.

LS: I don't follow what is being said.

TP: I don't either.

TP: I want to take you to recording seven.

TP:  Thando you say, "I don't understand Chris is clever".

TP: And Kanna says "No fuck, he thinks he's clever".

TP: Do you remember him saying that.

LS: Yes he said that.

TP: You say "I don't have an hour".

TP: Chris says "You phone me now, I have had my wife's funeral today".

TP Now interestingly, Leon Eksteen, who was with you, was actually at the funeral.

TP: I just want to put that on record.

TP: This is Eksteen "Listen. Implicate him".

TP: Is this how they dealt with you, constantly telling you to implicate him?

LS: Yes, they said either I go away for 25 years or get Chris.


18 Nov 11:19
Court is back in session and Siyoni is reminded he is under oath.

18 Nov 11:06

TP: There is another voice. It says "are you scared to say that?"

TP: The next sentence, a male speaker we believe is Eksteen.

TP: In your evidence in chief, you said they threatened you with 25 years, and here it is.

TP: "Its that or 25 years Thando, I'm not threatening you, I'm telling you straight".

TP: And the next line "You are going to St Albans".

TP: What did you have to do to stop going to St Albans?

LS: That is to say what they told me to say.

TP: And you must have been petrified to go to St Albans?

LS: Yes, I have never been arrested.

TP: In fact you say that a few moments later, you ask am I going back or to St Albans, you were worried?

LS: Yes.

TP: We see at the end, it talks more about St Albans.

LS: There was a lot of things said about St Albans.

TP: Ugly things, things to make you frightened.

LS: Yes.

TP: Now we see there is a gap between recording three and four.

TP: Were you threatened between recordings, as you say there is a lot said about St Albans, but there is not a lot on the recording.

LS: Yes I was threatened.

TP: I am about to go to recording four, perhaps now is the appropriate time to take the adjournment?

Chetty: Court is adjourned until 11:15.


18 Nov 11:02

TP: The next line, is Shane Bosch, he must know it is serious, he must know you are panicking.

TP: The next male speaker... we believe its Eksteen. "You need to tell him, you need to tell him you need to get away. If the police get me boss, you know what is going to happen... how difficult is that to say"

TP: You recall that?

LS: Yes.

TP: You are not given a choice on what to say?

LS: Yes.


18 Nov 11:00

TP: Do you recall that?

LS: Yes.

TP: Clearly you are being informed what to say?

L: Yes that is correct.

TP: This theme goes on throughout this recording.

TP: The last call is your last call. This call you are going to make, you have to think carefully about what you are going to say.

TP: What he is saying here is basically, this is your last chance, else you going to jail?

LS: Yes he said that.


18 Nov 10:58

LS: When this was said to me, it was shouted at me.

TP: What did you understand by "this is what is going to loosen you up"?

LS: According to what I understand, he was trying to say that this is what is going to set me free.

TP: I think you right. Lets move on.

TP: On page three, this is a conversation between Mr Kanna and Eksteen.

TP reads.


18 Nov 10:57

TP: Who was making you nervous?

LS: It was the people in the room.

TP reads through the transcription.

TP: What is important is at the top of page two, we believe that it is Mr Eksteen.

TP: A male voice says "Now that is better, much better".

TP: That implies that there were other calls.

LS: Yes.

TP: So something is missing here?

TP: Let me take you further. "You say it is important... you must say it is about this case... that is what is going to loosen you up here"

LS: Yes, that was Christopher's chommie.


18 Nov 10:54

TP: Now I am going to how, out of the mouths of the police officers that did this to you, what they said.

TP: This is a recording made by Eksteen himself.

TP: Of the interviews.

TP: This is a document that was given to us by Mr Stander before the trial.

TP: Let us take you through it.

TP: Thando - that's you - "You making me nervous"

TP: Do you remember that?

LS: Yes.


18 Nov 10:52

TP: The phone that these calls were made from, were from Kanna's phone, after the caller ID had been removed?

LS: Yes, that is correct.

TP: I want to take you to exhibit G1, in particular, page 538.

TP: These are cellphone records.

TP: If we look at the time, 19:21:27 on the 28th of April. It is a 10 second call to Christopher from Kanna's cellphone.

TP: In fact there are three in a row, 10 seconds, next 65 seconds, next 37 seconds.

LS: Yes I see.

TP: Did you make those calls?

LS: They punched in the number, dialled it, and gave me the phone to talk.

TP: If we move down, we have established 14 calls from Kanna's number, to Christophers number.

TP: Does that sound right?

LS: Yes that sounds right.

TP: Now you made those calls, with the sole intent of getting Chris to implicate himself?

LS: That is correct.

TP: The very last call on the bottom of the page. The 557 number, is a call to Christopher that lasted 23 seconds.

TP: Where does that number come from?

LS: I don't know, the phones were already there.

TP: If we go on, the 29th there are numerous calls to Chris's number from this number.

TP: Was this you calling?

LS: Yes.


18 Nov 10:46

TP Based on our instructions, and the documents we are going to refer to. You were forced, you were threatened, you were insulted, and you were overwhelmingly pressurised to call Christopher.

TP: Is that correct?

LS: Yes.

TP: You never called Chris on your own accord?

LS:That is correct.

TP: An in fact the version that you volunteered to call Chris because you didn't want to sit for his crimes is absolute rubbish?

LS: Yes, that is a lie.

TP: And your instructions were unequivocal, if you do not get Chris to confess, you are going to sit for a long period of time, that was said to you?

LS: Yes.

TP: I am going to show you that they were so cold hearted that, one hour after Chris had buried Jayde, they got you to phone him.

TP: And in fact at that time Christopher said I have just buried my wife.

LS: Yes that is correct.

TP: And in fact that many times you called him, he never answered.

LS: Yes, although I wasn't the person making the calls to him.

TP: I will get to that.


18 Nov 10:43

TP: When you were taken from the cells, you were interviewed, and I'm putting it very politely, at organised crime?

LS: Yes.

TP: Did anyone warn you there that you have the right to an attorney, that you have the right to silence?

LS: He never mentioned it.

TP: Now if you had been offered an attorney, and the attorney advised you to cease cooperating with you have?

LS: Yes.


18 Nov 10:42

TP: Now, coming back from Fort Beaufort to Port Elizabeth, you came back with Greeff and Reynolds?

LS: Yes.

TP: And you were booked back at Kabega Park at around 13:15?

TP: Is that correct?

LS: I don't know what time I got back, but I returned the next day.

TP: Yes, the next day. Later that afternoon, you were booked out by Officer Koen, and were taken to organised crime, where Kanna was?

TP: I am told the time is 16:40.

TP: Up to the time when you were taken to organised crime, had you slept at all?

LS: I never slept.

TP: But Reynolds had bought you something to eat and drink, after you made the statement in Fort Beaufort?

LS: That is correct.


18 Nov 10:39

TP: Let me ask you differently, did he ever speak to you about the facts of the case with Mr Van der Spuy present?

LS: No.

TP: I will come back to that. Did you ever make this statement to Kanna?

LS: No.

TP: Did you sign this?

LS: He brought it to me to sign.

TP: So it was completed and you had to sign?

LS: Yes.

TP: And did this happen before?

LS: It happened several times.

LS: They told me that the assault had been recorded and they were attempting to change it to something that happened during the arrest.

TP: From an assault to a scuffle?

LS: Yes.

TP: So was the idea that the injuries were sustained during your arrest, it was their idea, it was theirs?

LS: Yes it was theirs.

LS: I recall even telling Mr Stander.

TP: Telling him what?

LS: What they wanted me to say.

TP: We will come back to that.


18 Nov 10:35

TP: Now I want to ask you, during that time, in May 2015, did Kanna ever come to take a statement from you to say that you had not been assaulted?

TP: Let me tell you that he never did.

TP: In May this year we brought another bail application.

TP: And we showed the magistrate the pocket book entries by Greeff.

TP: And right at the end, there was a statement that was supposedly from you.

TP: That is the statement on the 23rd of May 2015. This was done during the second bail application. This statement was taken from you by Swanepoel, called Kanna.

TP: Is this familiar to you?

LS: No.

TP: Is this your words?

LS: No.

TP: So you never denied, under oath, that you weren't assaulted?

LS: I informed him I was assaulted.

TP: Do you know what scuffle means?

TP: Have you ever heard the English word scuffle, as this was taken in English?

LS: I do not know the meaning of this word.

TP: During the time when Kanna came to your cells in Humewood, was he ever accompanied by Mr Van der Spuy?

LS: Initially he came alone.


18 Nov 10:30

TP: It says you were wearing a black Nike track suit, a long jean pants and black takkies?

LS: Yes.

LS: I want to tell you more about the assault, it seems that no-one believes that I was assaulted.

TP: Mr Siyoni please, the only person who is going to make a decision on your assault is the Judge, you don't have to worry about the police or what the media say.

LS: Okay, but earlier when I was talking about the assault with Mr Stander I requested that he showed a photograph that showed my injuries.

LS: This will show that I have been assaulted.

TP: The photo you are referring to is the one taken at Kabega Park, and then another taken at court on the 30th?

TP: Let me make you feel that you were in the same boat as us, until that photo was shown here in this court, we had never seen it before either.

TP: Let me take it a step further, during the bail application for Mr Panayiotou we, the team, repeatedly told the magistrate that you had been assaulted.

TP: And I want to take it even further, in that application Mr Swanepoel, who you call Kanna, not once did he deny that you had been assaulted.


18 Nov 10:27

TP: If we look at 9.1 it says no injuries, is that true?

LS: No.

TP: 9.2 - no observations of injuries

TP: Is there any way he could have missed your injuries?

LS: No.

TP: You had already told Greeff and Reynolds about your injuries, is there any reason why you wouldn't tell this person about your injuries?

LS: No.


18 Nov 10:24

TP: You will notice this entire statement is written in English.

LS: Yes.

TP: But if I understand you correctly you and this person spoke Xhosa only?

LS: Yes.

TP: Did you ever speak English to him?

LS: No

TP: And you would have preferred to have spoken to him in Xhosa because that is your home language?

LS: Yes.

TP: Was anything relating to this statement turned over to you?

LS: No.


18 Nov 10:20

TP: What were the facilities like?

LS: I don't know how to explain, the cell with mattress and blanket.

TP: The mattress you put on the floor?

LS: When I got there, there was person in the cell, and that person was taken out of the cell and I was told I was going to lie there.

TP: Had you had the opportunity to tell the man who had been there, would you have told him what happened?

LS: Yes.

TP: It was put there that you had a left swollen eye, which you did, it is put there that it happened before you were arrested, is that correct?

LS: That is a lie.

TP: Now I am not going to take you through the content of your statement, because you have told us what happened there, but I want to take you through some of the questions.


18 Nov 10:18

TP: I want to take you to the plea explanation. One of the annexures, there was an entry made in the occurrence book in Fort Beaufort that you had a swollen eye, are you aware of that?

LS: I heard them enquiring from the police escort.

TP: These are the police officers at Fort Beaufort who were asking about your eye?

LS: Yes.

TP: You were taken from that cell at around 8.30, did you get any sleep in the four hours that you were in the cell?

LS: No.

TP: Why was that?

LS: I was in pain.


18 Nov 10:16

TP: So from the time you were arrested until you were locked up in the cell at Fort Beaufort, did you have anything to eat or drink?

LS: No.

TP: Were you hungry?

LS: Yes.

TP: Were you thirsty?

LS: Yes.

TP: Were you offered anything to eat or drink?

LS: No.

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