AS IT HAPPENED: Panayiotou murder trial continues on anniversary of Jayde's death

2017-04-21 08:44

The trial of Christopher Panayiotou and his co-accused resumed in the High Court in Port Elizabeth.

The accused in the Panayiotou case
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Last Updated at 02:58
21 Apr 12:36
- COURT IS ADJOURNED - 

21 Apr 12:36

TP: how many years experience did you have at the time?

DR: at the time 11

TP: When you got to Fort Beaufort, was there an entry made in the occurence book?

DR: I dont know

TP: There was. It was made on the behest of W/O Greef. It says swollen eye, not slightly

TP: No further questions

MS: No more questions

MS: May we ask that we adjourn till 9am on Monday


21 Apr 12:33

TP: Did you know where he was going?

DR: No

TP: Did you know he was going to see a police officer?

DR: Only when we got there

TP: Do you know he has the choice to make a confession to a police officer or a magistrate?

DR: No

TP: you should go back to police college

TP: You say he was relaxed?

DR: He was not kicking and screaming and refusing to go????

TP: Did you know his name when he got in the vehicle?

DR: No

TP: Did you know the circumstances leading to his arrest

DR: No

TP: Did you question him about how he was injured by other police officers in his arrest?

DR: No


21 Apr 12:29

TP: In your initial statement, how did you describe his injury?

DR: Slight

TP: That is not correct

TP: If we can call her pocket book up

TP: There is the entry, you say 'suspect left eye swollen'

TP: Did you ask him what happened?

TP: W/O Greef

DR: He said he was injured during his arrest

TP: Did you know he said the police moered him?

DR: I did not hear him say that

TP: The falling asleep and snoring in the car, is that in your statement?

DR: No

MS: In my affidavit it is in her statement

TP: You say Greef warned him?

DR: Yes


21 Apr 12:25

MS: What was his attitude?

DR: He was very relaxed. He still joked with me about me being a smoker, saying it was bad for my health

MS: Was he at ease in your company?

DR: Yes. He asked if W/O Greef and I were married because we were so at ease with each other

MS: No further questions


21 Apr 12:23

MS: In that case, I call Dianne Louise Reynolds

MS: Is it correct you are a sergeant in the police service affiliated to Kabega Park police station?

DR: That is correct

MS: It is correct that you, together with W/O Greef, transported Luthando Siyoni to Fort Beaufort?

DR: That is correct

MS: At some stage, did you become aware of an injury to Siyoni?

DR: Yes

MS: and how was that?

DR: It was when he was brought to the car. W/O Greef asked him about the eye for my benefit. He said it had happened when he was arrested by other police officers

MS: And where were you going?

DR: We got a call after we had left the station and informed we were going to Fort Beaufort

MS: Did he know about his rights?

DR: Yes


21 Apr 12:20

[Williams is excused]

MS: I ask for a short adjournment to confirm the readiness of the witnesses

MS: I have two witnesses who are being called at 2pm and I want to ensure that they don't have to wait

TP: I want to address the court on this. The two witnesses are magistrates.

TP: Affidavits have been taken and in one of them there is what is tantimount  to a confession from Siyoni

DC: I cant say what the witness is saying, we can cross the bridge when we get there

TP: But we shouldnt even get to the bridge

DC: But I dont know what the witness is going to say

MS: May we ask that we stand down to 2pm

DC: The builders have indicated that they will be cutting after 2pm and want to know if we can proceed

TP: I am happy to proceed if you are


21 Apr 12:13

MS: If his nose was bleeding and his lip was split, would you have noticed?

TP: That did not come out of my examination

MS: Only half of Mr Siyoni's proposition was put to this witness. Mr Siyoni said his eye was swollen, his nose was bleeding and his lip was split

FW: I did not notice this

MS: It is further in his testimony that his pants was torn and falling down

FW: I did not notice that

MS: No further questions


21 Apr 12:11

TP: Is it possible that, because of the poor lighting you didnt see it?

TP: He has said in this court that when he arrived his eye was swollen

FW: It was not swollen

TP: Did you look at his eyes?

FW: I did

TP: Why?

FW: That is where injuries usually occur

TP: Oh, that is normally where police hit them?

TP: What did his pants look like?

FW: No

TP: no further questions


21 Apr 12:09

TP: Your statement was made on the 5th of April 2017?

TP: And the commisioner of oaths is Sergeant Koen

FW: That is correct

TP: When were you asked to make the statement?

FW: the 4th of April

TP: The day before?

FW: That is correct

TP: So you were asked to make a statement of nearly 2 years prior?

TP: Did you have access to the occurence book?

FW: They made copies of the book available

TP: How is it that, twenty minutes after you've seen him, his injury is suddenly visible?

FW: The injury was probably done just before I saw him. The lighting is bad there


21 Apr 12:06

MS: Can you read the second entry, as there seems to be some confusion about what is written there

FW: 'Suspect back from investigation 14/91 Thando Siyoni left eye slightly swollen'

MS: There seems to be some confusion about the injuries. He is recorded as having no injuries and now there is a swollen eye

FW: I recall, when he arrived there was no visible injury, but on his return, as some injuries are want to do, some swelling took place and it was visible

MS: W/O Greef has said that, when he collected Siyoni, there was an injury visible

FW: When he arrived I did not notice any injury. It could be that there was an injury and that it had later swollen and that is why it was visible

MS: Is it correct that you have had an opportunity to go through the documentation before hand?

FW: That is correct

MS: Did Mr Siyoni at any time report any concerns or complaints to you?

FW: No

MS: No further questions


21 Apr 12:02

MS: Is it correct that you are retired from the police service. And that in April 2015 you were still in the police service as a lieutenant at Kabega Park?

FW: That is correct

MS: Is it correct that you were in charge of the charge office?

FW: That is correct

MS: I take you to the occurance book, '1920: Suspect detained by Captain Mayi. Thando Siyoni, first time detained in this case'

MS: Do you recognise the handwriting?

FW: It is mine

MS: 'At 1:40am, Suspect out on investigation, taken by W/O Greef, no injuries or complaints'

MS: Your entry, your handwriting                        

FW: That is correct, it is my handwriting

MS: If we go to entry 1999 and entry 2000

MS: this is now the next shift: 'suspect back from investigation, Thando Siyoni, left eye slightly swollen', is that your handwriting?

FW: That is correct


21 Apr 11:58

[Bosch is excused]

MS: I call Frederick Williams, he is Afrikaans

[Williams is sworn in]


21 Apr 11:57

TP: Now the 29th Siyoni was booked out, then returned and then collected again, because a call had come through from Mr Panayiotou

SB: That is correct

TP: And when Mr Panayiotou called, Mr Siyoni was in custody?

SB: that is correct

TP: So anyone could have sent smses from that phone?

SB: I recall that there were smses sent, but I dont know what the content was

TP: When you first got to organised crime with Siyoni, was Mr Eksteen there?

SB: I cant say if he was there

TP: Was Till there

SB: I cant say who was present at the time the warning was given

TP: But she was very rarely present 

SB: she was in and out

TP: No further questions

MS: No cross examination


21 Apr 11:54

TP: What document?

SB: I dont know

TP: It was Captain Swanepoel's pocket book

SB: I would not know


21 Apr 11:53

TP: if he says that, would he be lying?

SB: Indeed so, he would be lying

TP: Do you know it is compulsory that, when you make an arrest, you have to note it in your pocket book?

SB: I have heard that such an allegation, but I myself have not always done so

TP: It is regulation

SB: If I myself am at the scene and my pocketbook is out of date, I cannot stand and first update my pocket book

SB: There is a procedure where the arrest is recorded at the station. I myself do not write it into the pocket book

TP: As a result of Chris being warned, was he asked to sign any document?

SB: He was asked to sign a document, but he said he would not sign until he had consulted with his attorney


21 Apr 11:50

TP: You want to be very careful that you do not create the impression of threatening him

SB: That is correct

TP: But Eksteen says, "It's that or 25 years"

TP: That is a threat, Eksteen said that he has to do that or face 25 years

SB: I did read that

TP: Is Eksteen not saying that if he did not get Panayiotou to testify, that Siyoni would get 25 years?

SB: You would have to ask him

TP: You dont want Mr Siyoni to think that he is so desperate to get out of jail that he will do anything?

SB: The reason we made the recordings is to get Mr Panayiotou to implicate himself

TP: And you are heard saying just before the tape being switched off saying at St Albans there are 60 to 70...

SB: It is quite important to explain to him what he could expect

TP: It becomes all the more important for him to implicate Chris

SB: That is true

TP: You did not have an arrest warrant

SB: We were aware that he had a passport so we did not want to delay the arrest

TP: At the house, where the arrest took place, I am going to call Mr Costa Panayiotou, who will testify that no warning was ever given


21 Apr 11:46

TP: The night of the meeting, you said you saw Chris in a vehicle, did you know that his uncle was there in a car behind him?

SB: No

TP: Looking at the recordings, you see, my recording 3, do you know where my recording 1 and 2 are?

SB: I dont know

TP: If you look here, do you see it says "You are making me nervous"?

SB: I think he was nervous about making the first call

TP: He doesnt say that, he says you are making me nervous

SB: I think it was us peppering him with questions before the call

TP: If we go to page 3, bottom of page, you will see there, Eksteen says, "Now is the last call, this is your last chance now, you wont be able to call him again and again"

SB: We cant be calling him 100 times during the day

SB: We were very scared to make these phone calls. We were worried that if he knew Mr Siyoni was in custody, he might drop the calls

TP: Did you hear any swear words being used?

SB: I myself did use some swearwords

TP: Did you hear the words, "Kry die Naai." You would not have been impressed with such words

SB: That is correct


21 Apr 11:42
 - COURT IS BACK IN SESSION - 

21 Apr 11:28
Panayiotou and his co-accused in court. (Derrick Spies/News24) 

21 Apr 11:23
 - COURT IS ADJOURNED FOR A SHORT BREAK - 

21 Apr 11:12

TP: Can we ask for a short adjournment?

DC: Court is adjourned


21 Apr 11:11

TP: In the recordings, do you remember that Mr Siyoni was told that this was his last chance?

SB: Things like that were said

TP: There are times where Mr Panayiotou says, 'Bru, I dont know what you are talking about'

TP: What does this mean?

SB: That means what he says

TP: There were a lot of phone calls set up where Mr Panayiotou said he didn't know what is being talking about, but you persisted

SB: That is correct, we wanted to hear what he wanted to say

TP: If the meeting had taken place at OK Grocer, this would not have happened

SB: If the meeting had taken place at OK Grocer, we would not have been able to get the recording in the vehicle

TP: Precisely


21 Apr 11:08

TP: It is your testimony that, if he wanted to become a state witness, he would have to implicate someone?

SB: That is what I said

TP: After the meeting at Engen, after the arrest, were you involved?

SB: I was

TP: Do you know when a statement was taken from Mr Siyoni?

TP: Let me help you, the 3rd of May

SB: I was not involved, but I was in the office

SB: Is that the one where Mr Van Der Spuy was his attorney?

TP: Well that is debatable

TP: What was Mr Van Der Spuys role?

SB: I dont know, but I know he was present and I saw him speaking to Mr Siyoni

TP: Do you know if he was in the room when the statement was taken

SB: I cant say, I was not there

                       

21 Apr 11:05

TP: What makes you think he was fluent in English?

SB: He came across as very fluent in English

TP: Are you aware that anyone, no matter how fluent in a language, has the right to an interpreter?

SB: That is correct

TP: Are you aware that the entire confession in fort Beaufort was in Xhosa?

SB: Yes

TP: And if he had asked for one?

SB: It would not have been a problem


21 Apr 11:02

TP: Did you ask him about the case?

SB: Yes we did

TP: Did you take down notes?

SB: No, I did not, I dont know if anyone else who was present had taken notes

TP: If an attorney had been present, and had said you are not going to question him, you could not have taken it further, correct?

SB: That is correct

TP: When you transported him, you spoke to him?

SB: Yes


21 Apr 11:00

TP: You are being asked to cast your mind a long way back, on the 28th of April, he was with you from 5pm to 10pm

TP: But the recording for both days is just over 30 minutes

TP: What happened during the times when there was no recordings?

SB: Well, we chatted, we had supper

TP: Everyone is entitled to a nice supper from time to time


21 Apr 10:57

TP: Are you aware Chris was called 21 times?

TP: And that on many of those he said he was not interested in talking or did not want to talk to Siyoni

SB: I am aware

TP: When you recorded the injury, why did you add the words slightly?

SB: I did not write the occurence book entry

TP: Did you ever ask Siyoni about how he hurt his eye?

SB: No


21 Apr 10:55

TP: He said that, or he just didnt say it?

SB: He said he didnt want one

TP: He said that

TP: Are you aware that there is a rule that says if something is not working, you must not continue, you must not be persistent?

SB: I am aware


21 Apr 10:54

TP: Was it a verbal warning, or written?

SB: Swanepoel gave him a verbal warning

TP: And what was it?

SB: Swanepoel noted that he was being charged with murder, anything he said would be used, he had the right to an attorney

TP: What did he say when he was asked about an attorney?

SB: He said he did not want an attorney


21 Apr 10:52

TP: On the 29th, was he warned again?

SB: He was

TP: Why did you not record it then?

SB: We did not think of it

TP: Did you not think Mr Siyoni might change his statement?

SB: No, I never thought of that


21 Apr 10:51

TP: Do you agree that it is a vital issue that you have warned the person?

TP: Are you aware that a recording of this has to be made, as otherwise his evidence can be excluded?

SB: He was warned

TP: You have a recording of what happened on the 28th and 29th?

SB: That is correct

TP: Why did you not record his warning?

SB: He had already been warned by the time the recording was made


21 Apr 10:49

[TP deals with assaulting Siyoni]

TP: The warning Swanepoel gave to Siyoni, were you present?

SB: Yes I was

TP: Did you write it down in your pocket book

SB: No I did not



21 Apr 10:47

TP: your missing pocket book?

SB: I also had access to my colleagues pocket books

TP: You look at your colleagues pocket books?

SB: That is correct, we work together


21 Apr 10:46

TP: I am not going to go into detail, but your pocket book is not available

SB: That is correct, it was stolen out of my vehicle in 2016

TP: The very intricate details you have given, where did you get this from?

SB: This was a very interesting case, I remember most of it

TP: And where did you get this information?

SB: mostly from memory, and from my pocket book                       ??


21 Apr 10:44

MS: At any stage in your presence, was Mr Siyoni mistreated, assaulted or threatened?

SB: No

MS: No further questions


21 Apr 10:43

MS: Do you know where the house keys were found?

SB: I went into the house myself and the family members handed over the keys

MS: And then?

SB: We went to the house and searched

MS: and then?

SB: We went back to the offices, where Mr Griebenow, his attorney, was waiting. From there we went to Mount Road, where Mr Panayiotou was detained


21 Apr 10:42

TP: But this is what is in dispute. Now we are going to hear that they reviewed the video and then went to arrest him. What does that say? I am tired of objecting my Lord

DC: You may proceed.

MS: Thank you. Mr bosch?

SB: After reviewing the tape we proceeded to arrest Mr Panayiotou at his parents home

MS: The warning pertaining to legal representation

SB: Mr Panayiotou noted that he would be getting his own legal representation

MS: And then?

SB: We then informed him we wanted to search his vehicle for his house keys and his cellphone

SB: He gave his permission and the vehicle was searched


21 Apr 10:39

MS: Were you aware that there was audio and video being made?

SB: I was

MS: And did you review it?

SB: Yes

TP: I object my Lord.... Mr Stander is skirting around the issue and is placing evidence before you

DC: We already know that the video was taken


21 Apr 10:37

MS: And what did you observe?

SB: I noticed a vehicle come in and drive around the pumps a few times. I noticed that Mr Panayiotou was in the vehicle and was on the phone

SB: I then saw him park the vehicle and climb out and approach the vehicle where Mr Siyoi was. I then saw the driver get out and it was only Mr Panayiotou and Siyoni in the vehicle

SB: I do not know what hapenned inside the vehicle. Mr Panayiotou got out the vehicle and left, I then followed Siyoni's vehicle back to the station

MS: And then?

SB: Mr Siyoni got out and handed one of the officers, I think it was officer Koen, money


21 Apr 10:35

MS: And can you recall what happened?

MS: Were you involved in any way?

SB: I was at the filling station, standing in the Steers, watching the meeting take place

MS: And why was that?

SB: Mr Siyoni was there under arrest, but he couldn't be in handcuffs as we did not want Mr Panayiotou to know that he was in holding

SB: We were there to ensure that Siyoni did not escape and that everything ran smoothly


21 Apr 10:34

MS: Do you remember why it was necessary for Mr Koen to go and fetch Siyoni after you had booked him back?

SB: Someone had noticed there was a call coming in from Mr Panayiotou and we realised that we needed to get Siyoni to return the call to find out what Mr Panayiotou wanted

MS: And then?

SB: Phonecalls were made and a meeting was set up between Mr Panayiotou and Mr Siyoni

MS: And that meeting took place?

SB: Yes

MS: And before this meeting, was Mr Siyoni assaulted; was he forced?

SB: No


21 Apr 10:31

MS: I want to take you to the next occurence entry, 2030. It is the following morning at 7:50

MS: [Reads] 'suspect taken for investigation, Free from injury'

MS: Is that your signature?

SB: that is correct

MS: And the reason for booking him out?

SB: We wanted him to make more calls to Mr Panayiotou and see if we could get a response out of him


21 Apr 10:30

MS: I want to take you to the entry 1999, 21:49

MS: Suspect back from investigation. Siyoni left eye slightly swollen

MS: There is a second entry, 2000, I cant make out the words, but it appears to be the same

SB: That is correct

MS: Lets go back to the interview. Was Mr Siyoni ever threatened, or assaulted, or forced into making these calls?

SB: No not in my presence

SB: He made the calls of his own free will, it was his idea


21 Apr 10:28

SB: Well, we were told that the call could be made

SB: The phone calls were made, some of the calls were that he was not available, and some of them said that he was not able to speak at the time

SB: I was not there for all the calls, as I was also out of office to follow up on other details

MS: What time did you arrive at Shirley Street offices?

SB: Just after 5

MS: And what time did the interview end?

SB: I am not sure, I will have to look at the occurence book, but it was quite late



21 Apr 10:25

[TP interjects]

TP: Until the attorney general comes to testify, this is hearsay... it is not even hearsay it's double hearsay

MS: If this in dispute, I will call the person, I will call the entire chain of people

TP: He doesnt have to call the whole chain, he just has to call the person involved

MS: I am going to ask the evidence to be allowed

MS: If it is in dispute, I will call the person

TP: It is in dispute, I want to make that clear now

MS: I will then call him, My Lord

DC: You can proceed

MS: Thank you my Lord

MS: Continue


21 Apr 10:23

MS: You make an entry, left eye swollen, can you explain what it looked like?

SB: When I booked him out of the cells, I noticed he had a slightly left swollen eye. I also made him take off his shirt to inspect if he had any other injuries

SB: I did not see any other injuries and made note of the eye before I transported him

MS: Which office did you take him to?

SB: Lieutenant Till's office

MS: And what happened then?

SB: I handed him over to Swanepoel, who explained who he was

SB: Swanepoel then explained his rights to him in English, a language he understood. An interpreter was offered to him but he declined

SB: We then sat down and had an interview with him

MS: And who was leading the interview?

SB: Swanepoel

MS: And what happened from there?

SB: While we were talking to him, he made comment that he was a state witness in this matter

SB: Swanepoel said it was not so easy, he would have to implicate someone. He had already given a coffession

SB: He would have to make a statement to implicate someone else for him to become a state witness

SB: From there, Siyoni said he would phone his boss, Mr Panayiotou, and from that we would be able to hear what his role was in the matter

SB: Swanepoel said he would have to call the director of public prosecutions to determine if that was legal


21 Apr 10:19

MS: I want to take you to 28 April 2015... if the court can just bear with me for a minute

MS: I want to refer you to the occurence book at Kabega Park

MS: [Reads entry]: 'Suspect out on investigation by W/O Bosch, Thando Siyoni, left eye swollen'

MS: That W/O Bosch, refers to you?

SB: That is correct

MS: And you had no prior dealings with him before then?

SB: That is correct

MS: And what was your knowledge of the case

SB: I had not seen the case docket, my knowledge was just what had been carried in the media

MS: Now, the signature bottom right, is that yours?

SB: Yes


21 Apr 10:16

MS: I next call Shane Bosch

MS: Mr Bosch will be testifying in English

MS: Is it correct that you are a police official affiliated to Organised Crime in PE, holding the rank of Warrant Officer?

SB: That is correct

MS: The investigating Officer, Captain Swanepoel, do you know him?

SB: That is correct

MS: He is a colleague?

SB: Yes, he was my group commander

MS: Luthando Siyoni, do you know him?

SB: Yes



21 Apr 10:14

TP: I want to place it on record that this gentleman's statement was only taken on the 4th of April, but I have no questions

TP: 4th of april this year

DC: The witness is excused

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