As it happened: This a trial by ambush, Panayiotou’s lawyer says

2016-10-24 09:32

The trial of Christopher Panayiotou, Sinethemba Nenembe and Zolani Sibeko continues in the High Court. They are on trial on charges of conspiring, kidnapping, robbing, and killing Jayde Panayiotou.

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Last Updated at 23:43
24 Oct 15:44

Court resumes on Tuesday morning. 


24 Oct 15:31

Court is adjourned.


24 Oct 15:30

MS: We have been trying to get a copy of it, my Lord, it is not deliberate, we are not hiding anything. We have engaged with three officers and a clerk has now been tasked with finding it.                        


24 Oct 15:30

TP: Before we adjourn, a court order was made by Judge Goosen that ordered that the pocketbooks must be made available. We still do not have the pocket book of Mayi.           

            

24 Oct 15:29

Judge Chetty: The court is adjourned.


24 Oct 15:29

TP: I hate to do this but I ask that this matter stands over.


24 Oct 15:28

TP: This is trial by ambush, my Lord.                       

90% of what has been led today does not appear on this statement.                       

This is a senior police officer who has had ample time to make a decent statement.                        


24 Oct 15:28

TP: I would request that the witnesses statement is shown on the screen.                       

It was made on the 30 May this year.                       

It is merely four paragraphs.                        


24 Oct 15:27

Over to Terry Price, for Panayiotou.


24 Oct 15:27

The State has no more questions for this witness.


24 Oct 15:26

MS: You were also aware where the deceased had been found.                       

JB: Yes I was aware                       

MS: And this is where the vehicle came to a stop?                       

JB: I cannot say that it is precisely where it was, but when I said it would turn around in around 400m, and it did.                       

MS: And was this enough information to determine that the vehicle had been used in the crime?

JB: Yes                        


24 Oct 15:25

JB: I calmed her down, I said we have 400 to 500m then we are done.                       

As I said, the car turned right and precisely where the deceased was found, there were two yellow dots where the vehicle had turned around.                        


24 Oct 15:22

JB: At the farm where the deceased was murdered, I said now he is going to turn right.                       

Mrs Skonara began to cry, saying that her car had been used to murder the deceased.


24 Oct 15:22

JB: And then from there where they allegedly picked up the deceased, they used the back road from Rocklands.                       

Then Mrs Skonara said he is going to turn into Kwanobuhle. I said no, and we followed the route further and saw he drove up to the first gravel road where he turned to the left.                      

Mrs Skonara got very emotional at that stage.


24 Oct 15:20

MS: At that stage, you knew where she stayed?                      

JB: That is correct


24 Oct 15:19

JB: He never drove away from the area, he was always in the vicinity of the residence.


24 Oct 15:19

JB: And at the residence of the deceased there were red lines as the car drove around.


24 Oct 15:19

JB: We checked the feed live, and it showed how he travelled, without stopping.


24 Oct 15:18

JB: We checked the record from Kwanobuhle to Kwazakele.


24 Oct 15:17

JB: We checked the vehicle's tracker record for the day that Jayde went missing.


24 Oct 15:17

MS: So to clarify, you established that there was another vehicle from the 9th to the 23rd of April. How did you establish this vehicle was used in the murder?                       

JB: Mrs Skonara shared with us that there is a satellite tracker in that vehicle. I asked her to switch on the PC. I told her that she is not obliged to show the information to me.


24 Oct 15:16

MS: Was this vehicle immediately available, or how were you able to seize this vehicle?                       

JB: This vehicle was rented out and we had to get the person who had hired the vehicle to bring it in.                       

MS: Did you then confiscate it?                       

JB: Yes when Captain Swanepoel arrived.                       

MS: You then handed it over to him.                       

JB: Yes. I asked him to come when I established the vehicle had been used.


24 Oct 15:15

MS: I want to take you to Exhibit A4, photo 2. Do you recognise this vehicle?                       

JB: Yes, that is the vehicle that I confiscated.                        


24 Oct 15:14

JB: It looks like it, if I can check the registration, yes it is the same from 9 April to 23 April.                       

The registration FYM661EC                       

MS: What did you do with the documents you had received from her?                       

JB: It was handed over to Captain Swanepoel.                        


24 Oct 15:13

MS: I refer to exhibit U.                      

If we go through this documentation, is this the document she referred to?                        


24 Oct 15:13

MS: Did she hand over the documents with regards to that particular vehicle?                       

JB: Yes                        


24 Oct 15:12

MS: And what did you do after obtaining that evidence?                       

JB: I asked if Mr Vumazonke had hired a vehicle from her before.                       

She said yes.                       

I asked what other vehicle did he hire.          

She showed me that he had hired another vehicle, FGV661EC            

This was a Toyota Etios that was hired during the time of the murder in this matter.


24 Oct 15:11

MS: How did you establish that this vehicle was not the vehicle used in the murder?                       

JB: This vehicle was only hired after the 21st of April, not during the time of the murder.                        


24 Oct 15:10

MS: At Zens, were you able to establish who the person was who hired this vehicle with the CAW registration number?                      

JB: Yes, Mrs Skonara informed me that it was Mr Vumazonke who hired the vehicle.                        


24 Oct 15:10

MS: Now, in the following evidence will be hearsay, but I am requesting that the court allows it provisionally as I am planning on calling people from Zens to testify at a later stage.                        


24 Oct 15:09

MS: Let's make it shorter, at some stage this vehicle was returned to Zens.                       

JB: Later that afternoon I handed over the vehicle to Mr Skonara.


24 Oct 15:09

MS: I want to take you back to the Silver Polo with the CAW registration.                       

MS: Did I understand you correctly that you took it to Zens?                       

JB: No, I made a call to Zens, the wife of the owner Mrs Skonara who told me she had one person who could come fetch the vehicle. I told her that I would collect the person when I was finished at KwaDwesi Police Station.


24 Oct 15:07

MS: I am going to limit my question up to this stage. Was Vumazonke in any way assaulted by any member of the police?                       

JB: No.                        


24 Oct 15:06

MS: Can I assume that this was the last time you had any dealings with Mr Vumazonke?                       

JB: No                        


24 Oct 15:06

MS: I would like to refer you now to an extract from the Uitenhage incident book. At 8:20am, it would appear that you are now booking Vumazonke out.                       

JB: Yes that is correct.                       

MS: Do you know where he was being taken to?                       

JB: I took him to KwaDwesi Police Station.                        MS: Were you in any way further involved in the questioning of Mr Vumazonke?                      

JB: No


24 Oct 15:04

MS: I'm not going to go back to it in detail, but if we look at the time that he was booked in Despatch and with regard to the time you met him at Kabega Park police station, what was the reason for the time delay?                   

JB (pictured): Brigadier McClaren was looking for a place where he could detain him that would be convenient for the investigation, which is why he went to Captain Mayi.                        

MS: Any other reason?                      

JB: We also battled to get the keys for the specific type of handcuffs that were used.


24 Oct 14:58

MS: When you say we, are you referring to yourself or are you referring to other people?                       

JB: Brigadier McClaren physically removed the items from him.


24 Oct 14:56

MS: Can you tell the court, the items booked in - a black wallet, driver's licence, Capitec bank card, cash and a CNA gift card and an Edgars card sealed in a bag.                       

JB: Yes                       

MS: Can you tell the court how you came by these items and where you got them from?                       

JB: During the course of the arrest of Vumazonke, we found these items in his possession.


24 Oct 14:55

MS: I want to show you an extract from a SAPS 13 - entry 331.Do you see that entry at the top?                      

JB: Yes.                       

MS: The fourth column there is a reference to WO Botes. Is that you?                        

JB: Yes                       

MS: And if we look at it is your signature and particulars reflected?                       

JB: Yes


24 Oct 14:54

MS: Now, there is also evidence given that at the time of the arrest of Vumazonke, there was a vehicle that was confiscated. Do you know what happened to that vehicle?                       

JB: Yes, it is a silver Polo, reg no CA 34942.                       

MS: What happened to this vehicle?                       

JB: After we established that it was not used in the incident relating to this case I handed it over to a Mr Skonara. The owner of Zems car hire.                       

MS: I will return to that.


24 Oct 14:53

MS: Do you know what happened to that lady?                       

JB: She travelled with me to Despatch Police Station.                        


24 Oct 14:52

MS: Now, during his arrest, was there also a female companion who was arrested and taken to Kabega Park Police Station?                       

JB: That is correct                        


24 Oct 14:51

MS: Who gave this information?                       

JB: I did.                       

MS: And is it correct?                       

JB: No, it is not. The accused bumped his head during the arrest, not during the time he was being put into the vehicle after his arrest.


24 Oct 14:50

MS: Can you read the entry                       

JB: Rights explained, family notified by Brigadier McClaren, Suspect has a right swollen eyebrow due to when the suspect put in the vehicle, he bumped his head against the vehicle...                        


24 Oct 14:46

MS: This entry, was it made by yourself or by someone else?                       

JB: It was made by the charge office commander from Despatch at that point in time.                      

MS: What was the reason for this entry?                      

JB: It was as a result of the injury that the accused had.


24 Oct 14:45

MS: I want to refer you to an entry, exhibit Y, right at the bottom of the page, entry 171.                       

Suspect detained. WO  Botes detained Sizwezhake Vumazonke.                       

Is that reference to yourself or someone else?                      

JB: To myself.


24 Oct 14:43

MS: With your first meeting of Vumazonke, did you notice any injuries to him?                       

JB: Yes, his right eye was swollen                      

MS: Now, you meet him and make contact with him, what happened from there?                      

JB: Brigadier McClaren transported him from there to Despatch Police Station. I followed them and he was booked in there.


24 Oct 14:42

MS: When did you see him the first time?                       

JB: About 3 o’clock in the morning  on the 3rd of May.                        

MS: Where did you see him?                       

JB: At the Kabega Park Police Station


24 Oct 14:40

MS: Did you get involved with Vumazonke after his arrest?                       

JB: I booked him in and on a few occasions I booked him out for investigations.


24 Oct 14:40

MS: We also heard that Vumazonke was later arrested in the early hours of the morning. Were you in any way involved in that arrest?                       

JB: No                       

MS: Do you have any knowledge of this arrest?                      

JB: Yes

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