AS IT HAPPENED: 'I am not going to answer' - Siyoni to lawyers in Panayiotou trial

2016-11-16 16:00

In stark contrast to his testimony during yesterday's court proceedings, state witness and alleged middleman Luthando Siyoni stonewalled all incriminating questions put to him in the stand today, simply responding: 'I am not going to answer.'

The accused in the Panayiotou case
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Last Updated at 21:38
16 Nov 16:18

16 Nov 16:12
 - COURT IS ADJOURNED FOR THE DAY - 

16 Nov 16:12

MS: My lord, may we take the adjournment? 

MS: There is still a further aspect that I wish to deal with, but I need to load the documentation 

MS: I also informed this witness' attorney that we would stand down at this point in time 

Chetty: Court adjourned until tomorrow 09:30 


16 Nov 16:11

MS: So you do not wish to tell the court what the circumstances were that led to you making this statement? 

LS: I am not going to reply to that question 

MS: I just want to give you the opportunity, you don't have to reply 

MS: I now take you to the typed version 

MS: "I was born on the 19th of November 1984" - did you say that? 

LS: I am not going to answer 

MS: Prior to making this statement the principles of making this statement as a Section 204 witness was explained 

LS: I am not going to answer

MS: If I understand your evidence yesterday, the first three sentences are your exact version of events 

LS: I am not going to answer anything  


16 Nov 16:07

MS: Yesterday you indicated that your version relating to the assault, you did not tell Van der Spuy  

LS: I am not going to answer 

MS: I am now going to take you to another document 

MS: It is marked AZ 

MS: We now go to the handwritten bit 

MS: Is this your signature? 

LS: I am not going to answer 

MS: Pages 1 through 7, is this your signature? 

LS: I am not going to answer that question 

MS: Page 8, in the middle, is that your signature? 

LS: I am not going to answer  

MS: This statement was commissioned on the 23rd of May 2016, that's this year 

MS: Can you recall this statement? 

LS: I am not going to answer 

MS: Can you tell us the circumstances that led to you making this statement? 

LS: I am not going to answer 


16 Nov 16:02

MS: I go further, was it read to you by Swanepoel? 

LS: I am not going to answer 

MS: Was it read back to you by Van der Spuy? 

LS: I am not going to answer 

MS: At the time this statement was taken down, were you happy with the services from your attorney? 

LS: I am not going to answer 

MS: Why not? 

LS: You are still referring to this statement, I am not going to answer 

MS: What I want to know from you, the information in this statement, did you tell Van der Spuy in any way? 

MS: Yesterday you testified to your version of events 

MS: This is going to Infinity, getting the R80 000, giving Sizwe the R50 000 and keeping R30 000 

LS: I am not going to answer 


16 Nov 15:58

MS: "On Sunday the 26th of April I was arrested and made a confession. It became clear to me that I was in deep trouble and decided to co-operate with the police" 

LS: I am not going to answer 

MS: "On request, I made a few telephone calls to Chris which resulted in a meeting in a vehicle that I was told would be recorded" 

LS: I am not going to answer 

MS: "This statement was made in the presence of my lawyer. That is all I can declare" 

LS: I am not going to answer 

MS: Now, was this statement read back to you? 

LS: I am not going to answer 


16 Nov 15:55

MS: "At Babalwa's house I knock and she opens the door. At the time Sizwe was standing at the back of me. Babalwa brought the money to the kitchen door. Sizwe greeted Babalwa" 

LS: I am not going to answer 

MS: "Myself and Sizwe then drove to KFC Njoli Square where I bought KFC" 

MS: "He then took me home" 

LS: I am not going to answer 

MS: But you told us yesterday that you went to KFC 

LS: If it is in relation to this statement, I am not going to answer 

MS: "Sizwe told me earlier that he did not do the job with the people I had met him with earlier" 

LS: I am not going to answer 

MS: "Sizwe informed me therefore that should I meet with those guys, I should tell them Sizwe did not went ahead with the job" 

LS: I am not going to answer 

MS: "On the Friday Sizwe called me telling me the people whom did the job wanted more money" 

LS: I am not going to answer 

MS: "He was now driving another car. Not the white Toyota anymore" 

LS: I am not going to answer

MS: "I conveyed that message to Chris" 

MS: "Chris later told me to get rid of my cellphone and sim card" 

MS: "He gave me R1,000 to replace my cellphone and sim card" 

LS: I am not going to answer 

MS: "I took the money but did not destroy the cellphone or sim card" 

MS: Up to here, can you indicate anything that the police told you to say? 

LS: I am not going to answer 


16 Nov 15:47

MS: "I could not answer that question" 

LS: I am not going to answer 

MS: "He gave me a plastic bag and left again" 

LS: I am not going to answer 

MS: But you testified yesterday that he gave you money 

LS: I am not going to answer anything relating to this statement 

MS: "I got into Chris's car and we drove" 

MS: I am going to stop you here 

MS: Yesterday you told the court you want to tell the truth and the whole truth, you remember that? 

LS: Yes 

MS: And you told us this morning that you are going to tell us about how you paid Sizwe

LS: Yes 

MS: Now I want to tell you, did you tell Swanepoel that you counted out the money... 

LS: If this is in line with the statement I am not going to answer 

[MS goes back to reading the statement] 


16 Nov 15:42

MS: "That whole day I received one call from Chris. He was using Infinity's landline number, he did not say much as you could hear that he was with people" 

LS: I am not going to answer 

MS: "I eventually went home" 

MS: "That night I went to sleep with my girlfriend at my home" 

LS: I am not going to answer 

MS: "That night very late I got a call from Chris. He asked me [where] I stayed and I met him in Ntongeni Street" 

LS: I am not going to answer 

MS: "I got into his car. his white Golf" 

MS: "Once inside the car he asked me where the guys put her" 

LS: I am not going to answer 


16 Nov 15:38

MS: "When I got to Knox there was no money" 

LS: I am not going to answer 

MS: "I did not phone Chris as I did not want any telephonic link with him" 

LS: I am not going to answer 

MS: "While I was with Knox the news broke on Facebook that Chris's wife was missing" 

LS: I am not going to answer 

MS: "I went outside and phoned Sizwe and informing him that I could see what he said was true" 

LS: I am not going to answer 

MS: "I also informed him that I was looking for money from Chris" 

LS: Mr Stander, did you hear me when I said I was not going to respond to these questions 

MS: I heard you [continues reading] 


16 Nov 15:34

MS: "The arrangement that stood from the previous week was with regards to the money was that I would collect it from the office." 

LS: I am not going to answer 

MS: "There was an arrangement that Chris would leave the money with Knox" 

LS: I am not going to answer 

MS: You told us yesterday that you went to Infinity to get money 

LS: I am not going to answer anything that is related to this statement, Mr Stander 

MS: I just want to afford you every opportunity 

LS: I am not going to answer 


16 Nov 15:31

MS: "Because Sizwe did not succeed that week Sizwe came back to me requesting that I must ask Chris to let them into the complex and home" 

LS: I am not going to answer 

MS: "Chris replied that he could not do that as the complex were too secured and that a policeman was staying opposite him in any case" 

LS: Not answering 

MS: "He would not be able to answer all the questions" 

LS: Not answering 

MS: "Chris insisted that it must look like a robbery outside the gate or a hijacking" 

LS: I am not going to answer 

MS: "As Sizwe's plan could not work according to Chris he told me he will make another plan" 

LS: I am not going to answer 

MS: "He told me that on the Monday during the day on the Tuesday morning to eight I got a call from Sizwe telling me the job was done and he wanted his money" 

LS: I am not going to answer 

MS: "I then went on foot to Infinity"  

LS: I am not going to answer 


16 Nov 15:26

MS: "I learnt from Sizwe that they wanted to do the job that one of the mornings and followed her." 

MS: "As it was raining and bad weather, they did not succeed." 

LS: I am not going to answer that question 

MS: "By that time I already shown Sizwe one night where the lady friend stayed" 

LS: I am not going to answer that question 

MS: "I also provided Sizwe with the vehicle's registration number which I got from Chris" 

LS: I am not going to answer that question 

MS: "The information that she was driving I got from Chris." 

LS: I am not going to answer that question 

MS: At this stage I want to give you the opportunity again 

MS: Yesterday you testified that what was taken down in this statement you were told by the police 

MS: Do you want to show the court any of what I have read that was told to you by the police? 

LS: I am not going to answer that question 


16 Nov 15:20

MS: "The plan was however cancelled as the wife did not want to come to Infinity" 

LS: I am not going to answer that question 

MS: "Chris then decided to show me another possibility where she could be taken out." 

LS: I am not going to answer that question 

MS: "The possibility he showed me was the friends home with whom she was driving." 

LS: I am not going to answer that question

MS: "The school opened the Monday after the holiday" 

LS: I am not going to answer that question 

[Interpreter]: Witness asks to sit down 

Chetty: Yes, he may 

MS: May I ask, did you have school going children at that time? 

LS: I am not going to answer 


16 Nov 15:16

MS: "I then handed the R6,000 to Sizwe" 

LS: I am not going to answer that question 

MS: "This was early April 2015, just before the schools open"

MS: "The vehicle was a white Toyota small car" 

LS: I am not going to answer that question 

MS: "A plan was put in motion" 

MS: "The plan was for Chris to bring his wife for a Sunday dinner to Infinity in her car" 

LS: I am not going to answer this question 

MS: "I would have been at the place where I would then show the vehicle a Fiesta white in colour, to Sizwe and his friends, from where they could then followed her as they could not kill her in front of the club." 

LS: I am not going to answer this question 


16 Nov 15:11

MS: "I then phoned Ntando's Car Hire" 

LS: I am not going to answer that question 

MS: "I phoned on my phone and the amount was R6,000 for a rented vehicle" 

LS: I am not going to answer that question 

MS: "I borrowed money of R1,500 and gave R1,500 of my own money and Chris eventually came and drop R3,000 off at the gym." – did you say that to Swanepoel? 

LS: I am not going to answer that question 

MS: Am I correct that after contacting Ntando's, you did receive R3,000 from Chris 

LS: I am not going to answer 


16 Nov 15:07

MS: "He replied that I must SMS my number to him which I did" 

LS: I am not going to answer that statement 

MS: "A few days later Sizwe pitched up at my gym" 

LS: I am not going to answer that statement 

MS: "He requested me that I must informed the two persons what was going on I did just that." 

LS: I am not going to answer that statement 

MS: "The persons wanted a rented car to do the job" – did you say that to Swanepoel? 

LS: I am not going to answer that question 

MS: Is it correct that yesterday you testified that you did contact Ntando's Car Hire? 

LS: I am not going to be able to answer to anything that refers to this statement 

MS: My question is yesterday, if my recollection serves me correct, you did say you called Ntando's 

LS: I am not going to answer 



16 Nov 15:02

MS: "I made contact with my neighbour at the gym, a guy named 'Touch'"

MS: "He introduced me to coloureds" 

LS: I am not going to answer that statement 

MS: "However nothing came from this again as a result of finance." 

LS: I am not going to answer that statement 

MS: "I contacted Sizwe on Facebook and informs him that the prize for the hit was now R40,000" 

LS: I am not going to answer that question 

MS: Did you say anything to Swanepoel that you contacted Sizwe? 

LS: There is nothing that I am going to reply to with respect to the content of this statement 

MS: Did I understand your statement yesterday, you confirmed you contacted Sizwe on Facebook 

LS: I am not going to respond to that question 


16 Nov 14:58

MS: I want to give you the opportunity now 

MS: You have told me up to where we are now, you elected not to answer any of my questions 

MS: Now yesterday you told us that what you told Swanepoel is what the police told you in Uitenhage 

MS: Do you remember? 

LS: I am not going to answer to any question pertaining to this statement 

MS: You have told us that you have had the opportunity to read through this statement over lunch 

LS: That is correct 

MS: I want to give you the opportunity to show me, up until this point, to show me what you were told while in Uitenhage

LS: I am not going to respond to any questions with relation to this statement 

MS: I am not going to force you, if you say you don't want to use the opportunity that's fine 

LS: There is nothing that I will ever respond to pertaining to the content of this statement 

MS: Let us proceed 


16 Nov 14:53

MS: "At that time Chris had already shown me where he stayed" 

LS: I am not going to answer that question as well 

MS: "The next day Sizwe did turned up and I went to show him" 

LS: I am not going to answer that question as well 

MS: "It was going now towards March" 

MS: "Sizwe disappeared" 

LS: I am not going to answer that question as well 

MS: "I was back to square one now."

MS: "I started looking for other persons again at this time Chris was almost panicking."  

LS: I am not going to answer that question as well 


16 Nov 14:48

MS: "He would then contacted me later" 

LS: I am not going to answer that question 

MS: "A few days later he contacted me" 

LS: I am not going to answer that question 

MS: "We met at Infinity a few days later" 

LS: I am not going to answer that question 

MS: "I was supposed to show him the places where he could find Chris's wife." 

LS: I am not going to answer that question 

MS: "Sizwe told me he would come tomorrow" 

LS: I am not going to answer that question 

MS: "He did came that tomorrow" 

LS: I am not going to answer that question 


16 Nov 14:45

MS: "I met with a person Sizwe Vumazonke I knew in Gqoko's Tavern" 

LS: I am not going to answer that question 

MS: "I knew Sizwe from Club 9 yards." 

LS: I am not going to answer that question 

MS: "I knew that he know people who could do the job." 

LS: I am not going to answer that question 

MS: "He was approached in the same way I approached the other people." 

LS: I am not going to answer that question 

MS: "He said he was interested in the job and we exchanged numbers." 

LS: I am not going to answer that question 

MS: Why not? 

MS: We have already ascertained that you and Sizwe exchanged numbers 

LS: There is nothing I am going to respond to in this statement 


16 Nov 14:40

MS: "Furthermore he told me that either his parents or his wife's parents was forcing him to buy a home when he did not want to do so." 

LS: I am not going to answer that question 

MS: "He became more adamant by the day to find someone to do the killing of his wife." 

LS: I am not going to answer that question 

MS: "I then tried another person by the name Andile, or Ace." 

LS: I am not going to answer that question 

MS: "He just came out of prison at the time." 

LS: I am not going to answer that question 

MS: "I met with him and his coloured friends." 

LS: I am not going to answer that question 

MS: "But nothing came from this just as in the case of Lama and Trompie." 

LS: I am not going to answer that question 

MS: "The school holidays had long since past until February this year [2015]" 

LS: I am not going to answer that question 


16 Nov 14:35

MS: "He furthermore told me that the vehicle he had, a Renault Megane, he had to sell because of financial problems." Was that conveyed to Swanepoel? 

LS: I am not going to answer that question 

MS: "He told me furthermore that he had to fix the double cab bakkie and had to sell it." 

LS: I am not going to answer that question 

MS: "Therefore this whole two vehicle deal thing resulted in a huge financial loss for him." 

LS: I am not going to answer that question


16 Nov 14:32

MS: "The result was about the same as with Lama. Nothing came from it" 

LS: I am not going to answer that question 

MS: "Chris was putting me under more pressure now" 

LS: I am not going to answer that question 

MS: "This was the first time that he told me the person he wanted to be killed was indeed his wife." 

LS: I am not going to answer that question 

MS: "He told me that it must happen before the school holidays because once the school holidays had begun it would not be so easy as his wife would not be so easy to be found." 

LS: I am not going to answer that question 

MS: "The only reason he explain to me was that his wife spent too much money, while he that is Chris must work long hours for his money." 

LS: I am not going to answer that question


16 Nov 14:28

MS: May I request the interpreter translates before the witness answers? 


16 Nov 14:27

[MS continues to read from the statement]

MS: "'Trompie' was interest in the proposal. He also requested to met with Chris" 

LS: I am not going to answer 

MS: "I arrange a meeting between them and they met at Infinity." 

LS: I am not going to answer 

MS: "I was not present when the discussion took place." 

LS: I am not going to answer that question 

MS: "This meeting with Trompie took place about two weeks after the meeting with Lama" 

LS: I am not going to answer that question 


16 Nov 14:22

MS: "I then went to another person I knew 'Trompie'. I also know 'Trompie' as a person whom would not kill the person himself but would get someone to do the job." 

LS: I wish to tell Mr Stander I did get an opportunity to read through the entire statement during break time 

LS: There is nothing that I am going to reply to with respect to this statement 

LS: I am requesting you to pass on to something different 

MS: I want to deal with each and every allegation in the statement, I don't wish to return to it at a later stage 


16 Nov 14:18

[Siyoni is reminded that he is under oath] 


16 Nov 14:17
 - COURT IS BACK IN SESSION - 

16 Nov 13:07
 - COURT IS ADJOURNED UNTIL 14:15 - 

16 Nov 13:06

MS: This is perhaps the appropriate time to take the lunch adjournment 

Chetty: Court is adjourned 


16 Nov 13:05

[MS goes through line by line and LS is refusing to answer each question] 

[Next paragraph, MS goes through line by line] 

LS: I am not going to answer that question 


16 Nov 13:04

Court documents being read out by MS. 

(Derrick Spies/Supplied) 


16 Nov 13:03
LS: I am not going to answer that question 

16 Nov 13:03

Court documents being read out by MS. 

(Derrick Spies/Supplied) 


16 Nov 13:03
LS: I am not going to answer that question 

16 Nov 13:03

Court documents being read out by MS. 

(Derrick Spies/Supplied) 


16 Nov 12:59

LS: I am not going to answer that question 

TP: My lord, may I quickly approach Mr Stander? It may be that I can assist him. 

Chetty: Yes 

TP: Thank you, my lord 

MS: Sir, have you had the opportunity to read through this statement this morning?  

LS: I am not going to answer that 

MS: Sorry, my lord, I am not going to be able to shorten proceedings 

Chetty: Proceed 

[MS reads further] 


16 Nov 12:55

MS: You were asked if you had been assaulted, threatened or otherwise, [and] you said no 

LS: When I provided an answer to Mr Kanna, do you think the answer would be no 

MS: Did you convey that to Captain Swanepoel, yes or no? 

LS: I am not going to answer 

MS: You were asked if you had any injuries and it was recorded that you had a bruise on [your] right ankle, left wrist, right wrist, [and] red left eye 

LS: I am not going to answer that question 

MS: You were asked where the injuries were sustained and it recorded during arrest 

LS: I will not answer that question 

MS: We now go to your full statement 

[MS scrolls down to statement and reads statement] 


16 Nov 12:51

MS: You see, there are a number of rights that you were informed of, can you recall [if] you were informed of your rights? 

LS: I am not going to give an answer to this question 

MS: Specifically that if you were to give a statement, that that statement will be given to the state of public prosecutions for them to consider using you as a witness 

LS: I am not going to answer even that question 

LS: The only answer I am going to answer to a question, is an answer that relates to myself 

MS: It appears that after the document was worked through, you indicated to Captain Swanepoel that you understand 

LS: I am not gong to answer 

MS: You were then asked if you were going to give a statement and you said yes 

LS: I am not going to answer 

MS: You were asked if such a statement had been made before and you said no 

LS: I am not going to answer 


16 Nov 12:45

MS: At that stage, did Captain, then Lieutenant Swanepoel, introduce himself to you and give you his rank and name? 

LS: I am opting not to answer that question 

MS: According to this document, you did not want an interpreter present and that was also canvassed with Mr Van der Spuy, is that correct? 

LS: I am not going to give [an] answer to this question 

MS: Did he inform you that he is the investigating officer? 

LS: I am not going to answer to lies, and I am not going to answer this question 


16 Nov 12:41

MS: Next one 

LS: I am not going to answer 

MS: Two more pages 

LS: I am not going to answer 

MS: I now have to take you through the statement itself 

MS: I think it will be easier if we go through the typed version 

Chetty: Noted 

MS: In the middle of the page there, there appears a name, Luthando Siyoni, with [an] address 

MS: Did you give that info to Kanna Swanepoel? 

LS: Yes 


16 Nov 12:38

MS: Next page, signature, bottom left 

LS: I am not going to answer 

MS: Next page 

LS: Even that one, I am not going to give an answer 

[LS drinks some more water] 


16 Nov 12:37

MS: And who signed first, you or Van der Spuy? 

LS: Van der Spuy 

MS: And was it explained to you? 

LS: No 

MS: By no one? 

LS: No one 

MS: And the next page, your signature 

LS: I won't be able to answer that question 

MS: Next page 

LS: I won't be able to answer that question 

MS: Next page 

LS: I won't be able to answer

MS: You say you won't be able to answer, would it be more correct that you elect not to answer that question? 

LS: I elect not to answer that question 


16 Nov 12:33

MS: I want to draw your attention to a signature at the bottom there, do you know who that is? 

LS: I am not going to answer 

MS: I know whose signature that is, it is Johann van der Spuy, can you comment on that? 

LS: I don't know if this is the document he signed, but I recall if this is the document he signed, and he said that this will do 

MS: So do I understand you correctly that Mr van der Spuy went through the document first before you signed it 

LS: Van der Spuy did read through it, if this is the document that he went through 

LS: But the time this document was filled in, he was not in the room 

MS: When this document was drafted, who was in the room? 

LS: If this is the document signed by Van Der Spuy, it was myself and Kanna 

MS: And the document was completed 

LS: I don't know, Kanna is the one who wrote it 

MS: And when you were finished, who was the one who then read it? 

LS: Van der Spuy came in and read it. He said this document is going to work in court, serve the purpose of the court 

LS: Then he said any other thing Kanna can finish up 

MS: And then he signed 

LS: Yes 


16 Nov 12:26

MS: Let's go to the next page, bottom of the page, do you recognise the signature? 

LS: It almost seems similar to mine 

MS: Do you have a recollection of placing your signature at the bottom of the document? 

LS: No, I will not be able to answer that question 

MS: My lord, it was asked that my investigating officer leave the court, may I ask that he be allowed in, I just want to ask him one thing quickly 

Chetty: That is fine 

MS: My lord, I don't know if he has a tie on 

MS: He is busy putting a tie on my lord, he is on his way 

[Kanna enters, wearing a tie] 

[MS asks Kanna a question, and Kanna leaves] 


16 Nov 12:21

MS: Next page, is that yours? 

LS: I won't be able to answer that one 

MS: The next page 

LS: I won't be able to answer 

MS: I take you to the middle of the next page 

LS: I won't be able to answer 

MS: Maybe I can shorten proceedings 

MS: Will you be answering any of my questions today, or none of them? 

LS: The question I will answer is the question that relates to the fact that I was given money and I handed that over to Sizwe 

MS: Let's see how far we get 


16 Nov 12:17

MS: Is that your signature? 

LS: I can't answer that question 

MS: Why not?

LS: I can't answer a question that may incriminate me 

MS: So you refuse to answer 

LS: Yes 

MS: And on the next page 

LS: I don't recall 

MS: I take you to the third page 

MS: Signature at the bottom, is that yours? 

LS: I can't answer these questions 

MS: Why not? 

LS: I don't want to give an answer to something that can be used against me 

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