AS IT HAPPENED: Siyoni declared a hostile witness in the Panayiotou trial

2016-11-17 10:30

After refusing to to answer any questions put to him by the prosecution, Luthando Siyoni has been declared a hostile witness. Proceedings will continue on Friday to allow for Siyoni to consult with his attorney.

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Last Updated at 19:55
17 Nov 11:41
Court is adjourned until tomorrow morning.

17 Nov 11:40

TP: I want to ask you a number of introductory questions, I don't want to ask thousands of questions and get the same answer.

Chetty: That is fine.

TP: Mr Siyoni I want you to listen to me very carefully. I am not going to seek perjury against you.

TP: I am going to use the state's own documents to prove that you are telling the truth, will you help me to prove that?

TP: Or would you like to discuss it with your attorney first?

LS: I would like to discuss it with my attorney.

TP: Perhaps we can adjourn until tomorrow morning?

MS: No objections.

Chetty: Mr Siyoni you are warned to appear tomorrow at 09:00.

Chetty: Court is adjourned.


17 Nov 11:37

MS: I want to put it to you that the statement dated 3 May 2015 is indeed a true reflection of events as they transpired.

MS: Would you like to comment on that?

LS: I am not going to answer.

MS: I further put it to you that your statement dated 23 May 2016 is also a true reflection of what happened.

LS: I am not going to answer.

MS: I have no further questions.


17 Nov 11:35

Daubermann (PD): I object on the process. You never even heard me on the matter.

Chetty: Noted.

MS: Mr Siyoni, you have now been declared a hostile witness.


17 Nov 11:33

MS: I want to give you the opportunity, this man who has threatened you and influenced you to make the statement, why would you complain that he is not visiting you?

LS: I am not going to answer.

MS: I want to show you another document, exhibit BF2.

MS: Want to comment on that?

LS: I am not going to answer.

MS: In light of the fact that the witness is refusing to answer any of my questions, I'm asking to declare him a hostile.

Chetty: I declare him a hostile witness.


17 Nov 11:32

MS: You were complaining that you wanted your own cellphone.

LS: I am not going to answer.

MS: You were complaining that you wanted a radio.

LS: I am not going to answer.

MS: You were complaining that the coffee was weak.

LS: I am not going to answer.

MS: You were complaining that the soup is cold.

LS: I am not going to answer.

MS: You were complaining that the food was not enough.

MS: You regularly complained that Kanna Swanepoel was not visiting you.

LS: I am not going to answer.


17 Nov 11:28

MS: Did you inform any of the magistrates that in fact the content of the statement was in fact what you had been told by the police officials from KwaNobuhle?

LS: I am not going to answer.

MS: I am not going to take you through each of these entries, but I will put it to you that at no stage did you raise those complaints that I have taken up with you.

LS: I am not going to answer.

MS: Upon reading all these entries, you complained about using the gym, is that correct?

LS: I am not going to answer.

MS: You complained about your family not visiting you frequently.

LS: I am not going to answer.

MS: You complained about not being allowed to make telephone calls.

LS: I am not going to answer.


17 Nov 11:25

MS: Did you inform Van der Spuy of this instruction you received from Swanepoel?

LS: I am not going to answer.

MS: Did you inform Scoltz?

LS: I am not going to answer.

MS: Did you inform Ngqeza of this instruction from Swanepoel?

LS: I am not going to answer.

MS: Did you tell any of the magistrates that you had been forced, threatened, unduly influenced to make the statement dated 3 May to Swanepoel?

LS: I am not going to answer.

MS: Did you inform them that the statement was not a true reflection of events?

LS: I am not going to answer.


17 Nov 11:23

MS: I take the witness to EF1.

MS: This is the court order dealing with your detention in terms of Section 185 in terms of the Criminal Procedure Act.

MS: You will see that, if you read the document that Advocate Van der Spuy was present, did he consult with you?

LS: I am not going to answer.

MS: If we move over to the next page, what then transpired, the magistrate noted you were being detained and that you must be visited every week.

MS: You may not know that, but I take you to the next page.

MS: If you look here, this is a recording of the magistrates visiting you each week.

MS: I have the entire list, we can go through each of them.

MS: Did you inform any of them that you were assaulted?

LS: Before the magistrates came to Humewood, Kanna went to Humewood and told me that if any of the magistrates asked I must say that I'm alright.

LS: He said I must not say anything about my arrest.

MS: Did you inform any of them about your assault?

LS: Because of instructions by Kanna I did not say anything.

MS: Are you going to answer my questions now?

LS: I just wanted to explain.


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

17 Nov 10:54
Chetty: Court is adjourned

17 Nov 10:54

MS: I now take you to BD4, 062... do you see the number?

LS: Yes.

MS: Also in one of the Facebook Messenger messages, you give this number, is this yours?

LS: I am not going to answer.

MS: I now take you to BD5.

MS: It is the billing of a number with 078....

LS: Yes I see it.

MS: Earlier you testified that this was a number used by yourself just prior to your arrest, is this your number?

LS: I am not going to answer.

MS: May I ask that we take the adjournment now?


17 Nov 10:52

MS: I now take you to BD2.

MS: This is a cellphone billing of cell no 082....

LS: Yes.

MS: I now take you to the statement.

MS: We see in the top paragraph 082.... is that your number?

LS: I am not going to answer.

MS: I now go to BD3, this is a billing pertaining to another 082 number.

MS: If you recall, we dealt with a Facebook message between you and Vumazonke, where you gave him this number, is this your number?

LS: I am not going to answer.


17 Nov 10:50

MS: I now want to take you to a document, I'm not sure if it has an exhibit number, I have marked it as BF1.

MS: Sorry, I first want to deal with something else first.

MS: I want to deal with exhibit BD1.

MS: BD1 is an extract from a cellphone billing with no 078...

MS: Now do you see the billing?

MS: If you look closer, do you see the number there?

LS: I see it.

MS: Now I take you to AY1.

MS: The statement itself. Unfortunately I cant stay away from the statement.

MS: Do you see that your number is recorded there, the same number as in BD1, is that your number?

LS: I am not going to answer.


17 Nov 10:47

MS: Can I just ask you, one last question on this point, did you at any stage seek an undertaking from the state that you would not be prosecuted, even if your evidence was rejected?

LS: I am not going to answer.

MS: I want to move on, I will argue at a later stage, that the taking down of your affidavit on the 3rd of May was basically the rounding up of negotiation between yourself, Mr Van der Spuy and Capatin Swanepoel, during which your rights were fully explained to you.

LS: I am not going to answer.

MS: I will argue you were fully aware of your rights and that you decided to make a statement which could be submitted to the public prosecutions office for consideration of using you as a Section 204 witness.

LS: I am not going to answer.

MS: I want to put it to you and I will argue at a later stage and give evidence, that you were co-operating fully and assisting the police in obtaining access to your Facebook page and gaining access to the messages thereon.

LS: I am not going to answer.

MS: Maybe I must narrow it down a bit. Even though the police had access to Facebook due to information at their disposal, you gave them permission to proceed.

LS: I am not going to answer.


17 Nov 10:44

MS: I want to put it to you, and I will argue at a later stage, that at all times of dealing with captain Swanepoel, you complied fully. I want to give you the opportunity to respond.

LS: I am not going to answer.

MS: I want to put it to you that you were in no way, influenced, pressurised or threatened in any way.

LS: I am not going to answer.

MS: I want to put it to you that the finding of your cellphones on the 29th, was subject to you volunteering information to the police to verify your version of events.

LS: I am not going to answer.

MS: I want to put it to you the reason for the phone-calls, the SMSes and the meeting with Accused Number One, was because you wanted the police to verify that your version of events were true.

LS: I am not going to answer.

MS: I want to put it to you that from the time of your consultations with Mr Scoltz you had no intention to testify as a Section 204 witness.

LS: I am not going to answer.


17 Nov 10:41

MS: Now I want to put it to you that your rights were fully explained to you, prior to making the confession in Fort Beaufort.

LS: I am not going to answer.

MS: I want to put it to you that the reason for your arrest was explained to you by captain Mayi and your rights were explained to you by him.

LS: I am not going to answer.

MS: At Kwanobuhle.

MS: I want to put it to you that you were not assaulted in the way it has been put to this court.

MS: Do you want to answer to that?

LS: I am not going to answer.

MS: I want to put it to you that at a later stage, that your argument relating to this version of assault came about after the arrest of Babalwa Breakfast.

ZN: I'm not sure I understand this question.

LS: I am not going to answer.


17 Nov 10:39

MS: Now is it correct that you were released from protective custody on the 4th of October this year?

LS: I am not going to answer.

MS: I will deal with it at a later stage, I unfortunately don't have it on electronic copy, but I can show you, did you make  a statement to Captain Swanepoel relating to your detainment in protective custody?

ZN: Objects. I was already in service and was not made aware that this affidavit was taken.

MS: Did you say that your life was no longer in danger?

LS: Yes.

LS: My life was never in danger.

MS: You say your life was never in danger, did you convey that to Scoltz?

LS: I am not going to answer.

MS: You say your life was never in danger, did you convey that to Van der Spuy?

LS: I am not going to answer.


17 Nov 10:36

MS: Prior to you testifying in this court, did you tell Mr Ngqeza that Mr Swanepoel threatened or unduly influenced you to make a statement on the 3rd of May?

LS: I am not going to answer.

MS: Prior to you testifying in this court, did you inform Mr Ngqeza, that the implications of making that statement were not explained to you either by Swanepoel or Van der Spuy?

LS: I am not going to answer.

MS: Prior to testifying, did you inform Mr Ngqeza, that the statement you made on the 3rd of May was what you had been told to say by police officials?

LS: I am not going to answer.

MS: Prior to Babalwa Breakfast testifying in this court, did you tell Mr Ngqeza, that the content dated 23 May 2016, is not a true reflection of what happened.

LS: I am not going to answer.


17 Nov 10:34

MS: If the court will just bear with me for a minute, I want to confirm a specific date.

MS: Did you on the 7th of November give Mr Scoltz a mandate to release his consultation notes to the state and the defence in this matter?

LS: I am not going to answer.

MS: When you appointed Mr Ngqeza in this matter, did you inform him, prior to the commencement of this trial, that you were assaulted at KwaNobuhle (Uitenhage)?

LS: I am not going to answer.

MS: I want to be more specific.

MS: Prior to Babalwa Breakfast testifying in this court, did you inform Mr Ngqeza that you had been assaulted?

LS: I am not going to answer.

MS: Prior to you testifying in this court did you tell Ngqeza that the content taken down by Mr Swanepoel, on the 3rd of May, is not a true reflection of event?

LS: I am not going to answer.


17 Nov 10:32

MS: Did you inform Mr Scoltz that the reason you met with Accused Number One in the vehicle was because you were forced to do so by Swanepoel?

LS: I am not going to answer.

MS: Did you inform Mr Scoltz that the only reason you partook in this conversation was because you were threatened and told to get Accused Number One (CP) to confess? Did you tell Scoltz that?

LS: I am not going to answer.

MS: Did you give Scoltz any instructions, or a mandate what to do, subsequent to your meeting with him?

LS: I am not going to answer.

MS: Did you at any stage, and the emphasis is on any stage, waiver your privilege with Mr Scoltz?

LS: I am not going to answer.


17 Nov 10:29

MS: Did you inform Mr Scoltz that you were threatened by captain Swanepoel to make the statement of 3 May 2015?

LS: I am not going to answer.

MS: Did you inform Mr Scoltz that you were threatened by Swanepoel and that that was the reason for you calling Accused Number One on the 28th of April?

LS: I am not going to answer.

MS: Did you inform Mr Scoltz the reason for sending the SMS's to Accused Number One, was because you were threatened?

LS: I am not going to answer.

MS: Did you inform Mr Scoltz that you were threatened and felt you had no choice which is why you revealed the location of your additional cellphone and sim card?

LS: I am not going to answer.

MS: Did you inform Mr Scoltz that the reason you made the phone calls to Accused Number One on the 29th of April, was because you were threatened by Mr Swanepoel?

LS: I am not going to answer.


17 Nov 10:26

MS: Your version of events of what transpired pertaining to the merits of the case, was that conveyed to Mr Scoltz?

LS: I am not going to answer.

MS; Did you inform Mr Scoltz that the statement taken down on the 3rd of May was not a true reflection of events?

LS: I am not going to answer.

MS: Did you inform Mr Scoltz what the correct version of events were?

LS: I am not going to answer.


17 Nov 10:25

MS: Were these recordings transcribed into a document?

LS: I am not going to answer.

MS: During that consultation, did you indicate your version of events that you were assaulted?

LS: I am not going to answer.

MS: your version of events as you testified in this court, I think it was on Friday, was that conveyed to Mr Scoltz?

LS: I am not going to answer.


17 Nov 10:24

MS: During the May 2016, did you obtain the services of an attorney Rhyno Scoltz?

LS: I am not going to answer.

MS: Did you consult with Scoltz?

LS: I am not going to answer.

MS: Can you explain to the court how it came about that Scoltz came to consult with you?

LS: I am not going to answer.

MS: At the time when consulting with Mr Scoltz, was Van der Spuy's mandate terminated?

LS: I am not going to answer.

MS: Your consultation, was there one or two consultations with Scoltz?

LS: I am not going to answer.

MS: Were these one or more consultations recorded?

LS: I am not going to answer.


17 Nov 10:21

MS: Now during October 2015, your Facebook account was accessed, was that access with your consent, or with your permission?

LS: I am not going to answer.

MS: Did you have any objection to having your Facebook account being accessed by the police?

LS: I am not going to answer.

MS: Was your rights explained to you that you do not have to agree to the police having access to your account? Was that explained to you?

LS: I am not going to answer.

MS: Did you confirm the login password to your [Facebook] account?

LS: I am not going to answer.


17 Nov 10:20

MS: Is it correct that from 5 August 2015, you were detained in terms of Section 185 of the Criminal Procedures Act?

LS: I am not going to answer.

MS: The legal implications of being detained in terms of Section 185 of the Criminal Procedures Act, was that explained to you by Advocate Van der Spuy?

LS: I am not going to answer.

MS: Did you agree to being detained in terms of Section 185 of the Criminal Procedures Act?

LS: I am not going to answer.

MS: Did you agree at a later stage, when this court order was extended, did you agree to further detainment in therms of Section 185?

LS: I am not going to answer.


17 Nov 10:17

MS: Were you in any way threatened, unduly influenced or assaulted to make this statement?

LS: I am not going to answer.

MS: Were any promises made to you if you were to make this statement to captain Swanepoel?

LS: I am not going to answer.

MS: The content of this statement, were you the author of it?

LS: I am not going to answer.

MS: The content of this statement, was it something you had personal knowledge of, or was it something you were told to convey to captain Swanepoel?

LS: I am not going to answer.


17 Nov 10:16

MS: Prior to making the statement to captain Swanepoel on 3 May, were you afforded the opportunity to consult with  a legal practitioner, one Mr Van der Spuy?

LS: I am not going to answer.

MS: Did advocate Van der Spuy explain your rights to you and the legal position regarding the taking down of a Section 204 statement?

LS: I am not going to answer.

MS: Prior to the statement being taken down, did captain Swanepoel explain all your rights in relation to taking down your statement?

LS: I am not going to answer.


17 Nov 10:14

MS: On the 29th of April, were you in any way influenced or threatened by captain Swanepoel to disclose the whereabouts of your cellphone or sim cards?

LS: I am not going to answer.

MS: Were you in any way influenced, threatened or assaulted by anyone, including captain Swanepoel, to make the phone calls on the 29th of April?

LS: I am not going to answer.

MS: Were you in any way forced, threatened, unduly influenced to take part in the meeting on the 29th of April?

LS: I am not going to answer.


17 Nov 10:13

MS: Were you in any way threatened, assaulted or influenced by anyone, including captain Swanepoel, to make a statement?

LS: I am not going to answer.

MS: Were you in any way influenced, threatened to make the phone calls to Accused Number One [Christopher Panayiotou]?

LS: I am not going to answer.

MS: Were you in any way influenced, threatened to send SMS's to Accused Number One on the 28th of April?

LS: I am not going to answer.

MS: Were you in any way told what to say when you spoke to Accused Number One?

LS: I am not going to answer.


17 Nov 10:10

MS: Were you in any way threatened to make a confession?

LS: I am not going to answer.

MS: Now on your return to Port Elizabeth were you in any way threatened by captain Swanepoel?

LS: I am not going to answer.

MS: Were you in any way unduly influenced by captain Swanepoel?

LS: I am not going to answer.

MS: Did captain Swanepoel explain to you that you have the right to remain silent and that you don't have to say anything and that anything you say can be used against you?

LS: I am not going to answer.


17 Nov 10:08

MS: When you were fetched by the police at Infinity Lounge, were you explained the reason for your removal?

LS: I am not going to answer.

MS: Were you explained the reason for your arrest at a later stage?

LS: I am not going to answer.

MS: Were you ever assaulted in KwanoBuhle [Uitenhage] when you were arrested?

LS: I am not going to answer.

MS: Were you in any way influenced to make a confession?

LS: I am not going to answer.


17 Nov 10:07

MS: I  wish to continue with the witness.

MS: It is my intention that I am not bound by the witness decision not to answer.

Chetty: You may proceed.

MS: Mr Siyoni you have said you will not answer any question?

LS: Yes.

MS: So I want to ascertain, if you were to be asked a question by someone else, you refuse to answer?

LS: Yes.

MS: So if the court were to ask you, you would refuse to answer?

LS: Yes.

MS: And if  counsel for Accused one or counsel for Accused three and four, would you refuse to answer?

LS: Yes.

MS: Prior to make your confession in Fort Beaufort, were you explained your right to legal representation?

LS: I am not going to answer.


17 Nov 10:02

Court is back in session.

Siyoni is reminded that he is under oath.


17 Nov 09:50
Chetty: Court is adjourned.

17 Nov 09:49

MS: Now at some stage before you appointed Mr Ngqeza did you appoint another attorney?

LS: I am not going to answer that question.

MS: Why not?

LS: Because I did indicate from the very onset that I am not going to answer any question that you put to me.

MS: I want to understand, the way you put it yesterday you said you would not answer any questions on statements that you had made.

MS: Was that your position yesterday?

LS: Yes.

MS: Do I understand that today you are indicating you will not answer any of my questions?

LS: Yesterday I had not yet come to the decision that I have taken today.

Chetty: Is it your decision that you refuse to answer any question put to you by the prosecution?

LS: Yes.

MS: May I ask for a short adjournment?

MS: In light of the answer now, I need to reassess my position.


17 Nov 09:46

MS: Subsequent to the statement dated 23 May 2016, were you uncomfortable with the conduct of captain Swanepoel in obtaining that statement?

LS: I am not going to answer that question.

MS: During the visits by the magistrates to your cell while you were detained at Humewood, were you uncomfortable with the conduct of Captain Swanepoel when he took that statement?

LS: I am not going to answer.

MS: When you obtained the services of Mr Ngqeza were you uncomfortable with the statement obtained by captain Swanepoel on the 23 of May?

LS: I am not going to answer.


17 Nov 09:45

MS: At the time of obtaining the services of Mr Ngqeza did you wish to distance yourself from the content of that statement?

LS: I am not going to answer that question.

MS: At the time of making the first statement, the one dated 3 May 2015, were you unhappy by the conduct of Captain Swanepoel in him obtaining that statement?

LS: I am not going to answer.

MS: At the times of being visited by the magistrate while you were being detained, were you uncomfortable with the conduct of  captain Swanepoel?

LS: I am not going to answer that question.

MS: At the time of obtaining the services of Mr Ngqeza were you uncomfortable with the conduct of captain Swanepoel when obtaining the statement on 3 May?

LS: I am not going to answer that question.


17 Nov 09:42

MS: Now the second statement we dealt with yesterday.

MS: That is the statement dated 23 May 2016.

MS: At the time of signing that statement were you comfortable with the content of that statement?

LS: I am not going to answer.

MS: The information contained in that statement, did you convey that to Captain Swanepoel?

LS: I am not going to answer.

MS: At any stage subsequent to 23 May 2016, did you wish to distance yourself from the content of that statement?

LS: I am not going to answer that question.


17 Nov 09:40

MS: When you came into this court, you were warned, did you understand what that warning meant as a Section 204 witness?

LS: At that stage I was not discredited my lord.

MS: Did you understand the concept of being a Section 204 witness?

LS: I am not going to answer that question.

MS: At the time of making the statement to Captain Swanepoel on 3 May 2016 were you satisfied with the content as contained in that Affidavit?

LS: I am not going to answer that question.

MS: At the time when you were being detained in terms of Section 185 of the Criminal Procedure Act, were you satisfied with your statement?

LS: I am not going to answer that question.

MS: At the time when you obtained the services of Mr Ngqeza, were you satisfied with your statement?

MS: 3 May 2015 I mean, I apologise.

LS: I am not going to answer that question.


17 Nov 09:37

MS: At the time when you were detained under the Criminal Procedures Act, did you understand what it meant to be a Section 204 witness?

LS: There is no question I am going to answer.

M: When you were visited by the magistrates, did you understand what it meant to be a Section 204?

LS: I am not going to answer.

MS: When you appointed Mr Ngqeza did you understand what it meant to be a Section 204 Witness?

LS: Not going to answer.


17 Nov 09:35

MS: the statement you made to Captain Swanepoel, the first one on the 3rd of May 2016.

MS: The content of that information, did you convey that to Swanepoel?

LS: What I'm trying to say is that there is no question that I am going to answer.

LS: Because Mr Stander has already made the decision to discredit me.

MS: Were you happy, or satisfied that the content of that statement was indeed correct?

LS: I am not going to answer any question.

LS: As Mr Stander has already taken the decision to discredit me.

LS: If Mr Stander did not take that decision, then I would answer that question.

LS: I'm not saying he can't put questions to me, but there are no questions I am going to answer again.

MS: At the time of you making the statement, were you aware of what it meant to be a section 204 witness?

LS: I am not going to answer that question.


17 Nov 09:32

Court is in session.

Siyoni is sworn in.


17 Nov 09:24

Panayiotou 'middleman' refuses to answer questions

The suspected middleman in Jayde Panayiotou’s murder on Wednesday refused to answer any questions about his boss’s alleged plot to have his wife killed.

“I can’t answer a question that may incriminate me,” Luthando Siyoni told the High Court in Port Elizabeth shortly after court proceedings began at 12:00, following a delay.

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