As it happened: Alleged hitman’s girlfriend arrested after testimony in Panayiotou trial

2016-10-27 14:30

On day 12 of Christopher Panayiotou's murder trial at the Eastern Cape High Court, the alleged middleman's girlfriend Babalwa Breakfast has been declared a hostile witness and was taken to the holding cells by police when court adjourned for lunch.


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Last Updated at 00:05
27 Oct 16:03

Court is adjourned for the day.

Back tomorrow.

27 Oct 16:02

No further questions from Price.

And none from Daubermann.

27 Oct 16:02

TP: The person you saw walking down to the gate, you also describe her as petite wearing a grey coat. Did you know her? Did you know the people living in 19 Stellen Glen?                       

TS: No                        

27 Oct 16:01

TP: Now if you look at this slide, this block of flats opposite looks onto the gate.                       

TS: Yes that is correct.

TP: And which unit is yours?                       

She points it out.                        

27 Oct 15:59

TP: And you work shifts, or same every day?                       

TS: Same every day.      

TP: So you leave around the same time every day?                       

TS: Yes                        

27 Oct 15:58

TP: Can I accept that you told Captain Fry this?                       

TS: Yes                       

TP: You say that you saw the same vehicle driving in the early hours of the morning with three males inside?                       

TS: Yes

27 Oct 15:57

TP: Hang on, here you say a white Opel Corsa. I am just saying that this statement is probably a more accurate version. 


27 Oct 15:57

TP: All over this statement you refer to a white Opel Corsa.

TS: I said it was similar to.                        

27 Oct 15:56

TP: You say here that you can’t remember what he looked like. Here you say he was wearing blue jeans.                       

TS: I don't recall today.                        

TP: I'm not expecting you to recall, I am just trying to jog your memory. Do you recall if he was big or small?                       

TS: He had a slight built.                       

TP: And height?                       

TS: I can't remember.                        

27 Oct 15:55

TP: And they gave you an opportunity to read it?

Price calls up the statement.

TP: Is that your signature?                       

TS: Yes

27 Oct 15:54

Over to Terry Price.

TP: Ms Smith on the 21st the police took a statement from you, is that correct?                       

TS: Yes                        

27 Oct 15:53

The State has no further questions for this witness.

27 Oct 15:53

TS: There were 4 people in the vehicle.                       

MS: Did you note the registration at any time?                       

TS: No                       

MS: So a white vehicle without a boot?                        

TS: Yes                        

27 Oct 15:52

MS: And did you remember how many people ?                      

TS: On the first occasion it was on on the corner of Deacon Street and Ritchie Crescent. I thought it was waiting for someone to give a lift to.

She says the second time she saw the vehicle she took note of the vehicle.

27 Oct 15:51

MS: You made mention when I asked how many people were in the vehicle, you said no not that morning.     

TS: I saw that vehicle on two occasions that I can clearly remember.

MS: Can you remember when that was?                       

TS: No, I can't remember the exact time.                       

MS: Can you narrow it down to months, weeks, days?                       

TS: I remember definitely the week before.             


27 Oct 15:49

MS: Besides the one person at the keypad, did you see anyone else?                       

TS: No                        

27 Oct 15:49

MS: Do you remember how many were inside the vehicle?                        

TS: No                        

27 Oct 15:48

MS: Did you say it was?                       

TS: No                        

27 Oct 15:48

MS: The vehicle that drove past, can you remember?                        

TS: It was a white vehicle.                       

MS: How good are you with vehicle makes?                       

TS: Not really.                        

MS: In your affidavit did you give an indication of the type of vehicle.                       

TS: I said it looked like the new Opel Corsa hatch.                        

27 Oct 15:47

MS: And the lady approaching the gate?                       

TS: It was a lady, she was petite built, that's about all I can say.                       

MS: Time?                       

TS: Anytime between 6:20 and 6:25.                        

27 Oct 15:46

MS: The gentleman who was at the keypad, were you able to identify him?                       

TS: I didn't get a good look.                        

MS: Male or female?                       

TS: Yes it was a black gentleman.                        

27 Oct 15:45

TS: So we stopped at the gate, exiting. There was a car approaching.                       

MS: Then?                       

TS: We stopped because it was slowly approaching our car and the gate was also not closing behind us. My mum said he wants to turn in, but I said no because he is not indicating. When he drove past we turned.  As we pulled away, there was a lady approaching the gate.                       

MS: From where?                       

TS: It was a silver car.                       

MS: And then?                       

TS: We drove off.                        

27 Oct 15:43

MS: I want to take you to the morning of April 21. Do you remember that?                        

TS: So as I was approaching the gate, the gentleman was standing on the side of the gate where the keypad is.                       

MS: If we look at the photo A3 slide 11, is that the keypad you refer to?                       

TS: Yes. As the gate was opening, he moved from that side to the other side.                       

MS: So at that stage, you are on the inside and he moves across?

27 Oct 15:41

MS: And what time do you leave in the morning?                       

TS: I leave around 06:15 in the morning.                        

27 Oct 15:41

MS: What work do you do and what time do you work?                        

TS: I'm a nurse and work a 7 - 7 shift.                        

27 Oct 15:40

MS: Ms Smith is it correct that you reside in Stellen Glen?                       

TS: I have since moved out, I moved out in March.                       

MS: But in April last year you resided there?                       

TS: Yes                        

27 Oct 15:39

27 Oct 15:39

Court is back in session.

The State calls Tracy Smith, no 3 on the state witness list.

27 Oct 15:25

Chetty adjourns court for a short recess. 

27 Oct 15:24

Daubermann has no further questions for this witness.

27 Oct 15:24

MS: It is recorded on my copy. On the last page in the written document, it is there.                         

PD: I withdraw that question.                        

27 Oct 15:23

Stander interjects.

27 Oct 15:23

PD: That is the first time you mentioned that.                       

YK: I did ask her my lord.                       

PD: Why did you not record that you asked her to swear so help her God?

27 Oct 15:22

PD: And that is exactly how you asked her to take the oath?                       

YK: Yes                       

PD: Did you ask her to swear if the info is true, how did you do that?                        

YK: I asked her.                       

PD: When did you do that?                       

YK: After writing.                        

27 Oct 15:21

PD: Okay and then? Why did you not record on your statement that you asked her to take an oath?                       

YK: This is how I always write my statement.                       

PD: You asked her to raise her right hand and say so help me God?                       

YK: Yes                       

PD: Can you recall that this is what you did?                       

YK: Yes

27 Oct 15:20

PD: An then?                       

YK: I asked her to take an oath.

PD: How?                       

Kumla explains the process.

27 Oct 15:19

PD: Up to where did you write the statement before she read it?                        

YK: All of it.                       

PD: Up to the last paragraph?                      

YK: Yes

27 Oct 15:18

PD: And did you ask her if it was correct?                       

YK: Yes                       

PD: And then?                       

YK: I gave her the document to read.                       

PD: Why?                       

YK: So she could read it.                       

PD: But why was it necessary?

YK: So she could confirm that everything is correct as I had read it.                        

27 Oct 15:17

PD: And what procedure did you follow?                       

YK: I read it back.                       

PD: In English or Xhosa?                       

YK: Yes PD: Did you read it to her paragraph by paragraph?                       

YK: Yes

27 Oct 15:15

PD: If we look at the statement, is that all she had to say?

YK: Yes

27 Oct 15:15

Chetty: We will cross that bridge if we come to it.

27 Oct 15:15

PD: Well I hope that my learned friend will ask you at a later stage to accept this version as true.

27 Oct 15:14

MS: The two goes hand in hand. I am proving an inconsistent statement. In order to prove the statement, then I am also proving the content.

27 Oct 15:12

PD: If it is the content then the evidence being led is hearsay and I have to object.

27 Oct 15:12

PD: But which is it, to prove the statement was made by her or is it to prove the content?

27 Oct 15:12

MS: That is why I am calling the witness.

27 Oct 15:11

Peter Daubermann asks to clarify: Is it to prove that the statement was made or to prove the content?

27 Oct 15:11

Price has no further questions for the witness.

27 Oct 15:10

TP: You were at Kabega Park Crime Office, and the investigating team was also based at Kabega Park?                       

YK: I was not aware.                       

TP: You knew nothing about the case?                       

YK: Nothing                       

TP: I find that very hard to believe.

27 Oct 15:10

YK: No, my lord.                        

TP: If you don't there's a problem.                       

If you turn over the page, you will notice in the first statement to Mayi she refers to Sizwe's white car and yet to you she only refers to a white car. Is it correct she never mentioned Sizwe to you?                       

YK: Yes

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