AS IT HAPPENED: Panayiotou defence moves to discredit arresting officer

2016-11-21 16:00

Throughout the day's proceedings in the Panayiotou murder trial, Terry Price, for the defence, argued that Lt Col. Willie Mayi, who arrested Luthando Siyoni, has a history of being an 'enforcer' with questionable methods.

The accused in the Panayiotou case
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Last Updated at 18:42
21 Nov 16:03
 - COURT IS ADJOURNED UNTIL TOMORROW - 

21 Nov 16:02

TP: Let us look at Babalwa Breakfast's statement 

TP: When you took the statement down, did you ever stop her and tell her she was busy implicating herself and that you warned her and told her she can have a lawyer present? 

WM: There was nothing in this statement that would require her to be warned 

TP: Let us look at the statement. In the very first paragraph, Babalwa implicates herself as an accessory to the fact 

TP: She goes as far as to say that she dealt with the money that was paid for the hit 

TP: Surely you should have warned her? 

WM: At that stage in 2015, when she conveyed to me what Thando had conveyed to her, that she had been advised by Thando that he had been paid. I took it as someone who was being truthful. 

TP: May we adjourn for the day, my lord? 

Chetty: Colonel Mayi, you are warned to be before court tomorrow at 9am 

Chetty: Court is adjourned. 


21 Nov 15:58

WM: Let me make it clear, we are not talking about pocket books 

TP: Standing orders relate to both pocket books and diaries 

TP: Let us ask you to go and look in Kwazakele overnight to see if you can find it 

WM: If I can get the assistance of the cleaners, because that store room is full 

TP: Let's move off the issue of the pocket book 

TP: It is missing, and that is happening far too often these days 


21 Nov 15:56

TP: Someone else to blame 

WM: It is not. It is a fact that other people cleared my office while I was away 

TP: Did you report that the diary is lost? 

WM: I did make such a statement 

TP: Where is this statement, we haven't seen it 

WM: I wrote the statement and handed it over to the investigating officer of the case 

TP: Wait a minute, that is not what standing orders require. You are required to report it to the issuing officer. 

TP: Did you do that? 

WM: That would have been so, if the diary was the 2016 diary, if I needed to be substituted, but that was not needed because it was an old diary. 

TP: This is not a difficult question. 

WM: I have kept my diaries, all my diaries, since 2009 

TP: All your diaries, except 2015 

TP: You see, the problem is that standing orders require you to report your missing diary before you can get another diary. 


21 Nov 15:52

TP: Where is it, [are] you going to tell us it's lost 

WM: It is not lost 

TP: We have been asking for four months, where is it? 

WM: I moved from Kwazakele to Mount Road 

WM: This move is not permanent, the task team is temporary 

WM: My diary for 2015 is in Kwazakele 

WM: When I went to Kwazakele, my office [was] being used by other people 

WM: All my personal belongings have been put into storage, and it is difficult to say whose stuff it is 

TP: So you are saying, the long way round, that it is lost 

WM: No, it is not lost 


21 Nov 15:49

WM: It is not the instruction 

TP: Did she speak to you at all in English? 

WM: I cannot recall 

TP: Why not, why did you not make a note in your pocket book? 

WM: Pocket book is not for taking statements 

TP: The pocket book is there to record everything in relation to the investigation 

WM: A pocket book is for notes, you cannot write everything 

TP: What happened that day, did you write this down in your pocket book? 

WM: It is in my diary 

TP: So your diary would be able to confirm everything that you have written down 

WM: Yes 


21 Nov 15:46

TP: So you spoke for an hour without taking any notes. How did you get everything down? 

WM: When I took down the statement, I had to clear up the statement 

TP: So did you write it down in English and check with her that [what] you were writing was correct? 

WM: No. As I was writing, if there was something I didn't understand, I would check with her 

WM: It was not a case of me writing it down and then checking with her 

TP: Did you ever check with her if she understood English before writing this down? 

WM: I didn't enquire from her whether she was proficient in English, but it was clear she could read 

TP: I can read isiXhosa, but it is not my first language 

TP: Did she speak English to you? 

WM: I will say she did not express herself in English. There are words used. 

TP: Yes, but these are not her words, they are yours 

WM: This is what she was intimating to me 

TP: So you were interpreting for her? 

WM: Yes 

TP: So why didn't you take it down in Xhosa? 

WM: We don't have a single case docket with a Xhosa statement 

TP: That doesn't interest me 

TP: You are Xhosa. She is Xhosa. 

TP: Would it not be better to write it in Xhosa? It would be a lot more accurate. 


21 Nov 15:40

TP: Babalwa told us she was not comfortable going with you and that is why she wanted him to go with 

WM: It is the first time I hear about this in court. She never asked for him to go with to Kwanobuhle and never showed any discomfort at him being dropped off at home. 

TP: So if I understand you correctly, you started consulting with Babalwa, it must have been around 9, 9.15, is that correct? 

WM: Yes 

TP: And you consulted with her in Xhosa? 

WM: Yes 

TP: And while you were talking, did you make notes? 

WM: No 

TP: How long were you talking before you started writing down this statement? 

WM: A long time 

TP: How long? 

WM: About an hour 


21 Nov 15:37

TP: I now take you to the statement that you took down from Babalwa Breakfast 

TP: When you went to this room with Babalwa, it was just you and her? 

WM: Yes 

TP: Can you tell us why you took the brother back to the house first? 

WM: There was no reason, I just took him home, as we had found Thando 

TP: If Babalwa was going to show you where Thando was, why did you take the brother back? 

TP: Because he would have been a witness to you beating people up and threatening them, that's why you took him back. 

WM: No, I don't think so. If we were aware we needed a statement from him, we would have taken him with. 

WM: He was not part of the case so we dropped him off at home.  


21 Nov 15:33

TP: Do you remember Mr Chungu? 

TP: Do you remember saying you had a very strong case against Mr Chungu? 

WM: I remember this case 

TP: [reads] "Mayi misled the court..." Do you remember this? 

WM: I know about this, and it only happened after the main witness was killed in this case 

TP: That doesn't help you. Were you informed that the judge had made a ruling against you? 

WM: No 

TP: Mr Stander was the state prosecutor, did he not tell you about it? 

WM: No 

TP: It says you were the interpreter to take the statement from Sizwe Vumazonke 

WM: I can't remember 

TP: I will show you...the date of this statement is 4 May, so you were involved in this case 

WM: If someone requests my assistance, I am always willing to help 

TP: But why always you? I put it to you that it's because you're the enforcer. You run around beating people up. 

WM: There is no such thing. 


21 Nov 15:29

TP: We move on. 'Mfeeni vs Safety and security' 

TP: Do you remember Mfeeni? He sued the State for unlawful arrest. 

WM: I remember, but I don't remember what happened with that case 

TP: You testified in that case. He alleged you assaulted him. 

WM: I want you to read it in this context. I was leading a team and it references the team. 

TP: Yes, but it mentions you 

TP: [reads] "As far as the assault is concerned, it was an assault that lasted a number of hours that Mayi and his colleagues referred to as round 1 and 2 of levels" 

MS: Must the witness answer to this? 

TP: That is looking for collateral evidence. I am not, I am only looking for similar evidence 

WM: I was only made aware of this here 


21 Nov 15:25

WM: I want to make it clear, I made the statement. It is then written out and it is commissioned. So the statement is mine, everything except the commission. 

TP: So you're blaming Gusha [the one who took the statement] 

WM: That is correct 

TP: I want to take you to the judgment of [the] judge in the case against Gqoboka 

TP: Do you remember Gqoboka? 

WM: Yes 

TP: Do you remember Gqoboka soiling himself? And do you remember the judge being critical of your denial? 

MS: I must object with this

[MS refers to case law] 

MS: Judgment by Coetzee, J 

MS: The same decision was confirmed in Zwane and others, which was by Cloete, J 

TP: This is not an opinion

TP: If we read this 

[TP reads from the judgment] 

TP: Why did you tell the court that the accused had not soiled himself, when the court had heard that he had? 

WM: That thing came from the bail court, I did tell the court he had been complaining of a bad stomach 

TP: Exactly my point - you told the bail court he had soiled himself, and the next you tell the High Court that he had not. 


21 Nov 15:19

WM: It is not my handwriting 

TP: No, it is the officer who took your statement 

WM: Then it must be an error, because I only made my statement after I had completed everything 

TP: But you signed 

WM: If you look here, my signature is above his 

WM: He certified it after I had signed, and he must have written the time in 

TP: Did he certify it in your absence? 

WM: He was busy certifying it at the office, I was busy with other things 

TP: So it is not just his fault, it is yours, because you never checked properly 

WM: Failing to read the statement after he commissioned it. I did read it when it was taken and it was fine. 

TP: You are trying very hard to avoid the question. 


21 Nov 15:15

TP: This is the cell register. As you know, it is filled in chronological order 

TP: The first person was locked up at 10:27 

MS: That is not the time he was locked up, it is the time he was arrested 

TP: That's not how I see it, Mr Stander can argue that later 

MS: It says so at the top of the register 

TP: Can I take it further, my lord? 

[TP points out to the entry to the arrest of Siyoni in the occurrence book] 

TP: It shows he was arrested at 9pm, but that is clearly incorrect according to you 

WM: Yes 

TP: According to you, he was only arrested at 23:40 

TP: If we look at your statement, you give the details of how you arrested Siyoni, recovered the money, etc 

TP: But your statement is taken at 23:30 

TP: At this stage you have not even finalised Babalwa's statement 

WM: I don't know, whose statement is that 

TP: Yours 


21 Nov 15:09

WM: With this it cannot be brought into disrepute. He was taken to Fort Beaufort and arrangements were made. It is just that I did not have anything to do with it. 

TP: Let's look at the rest. You mention the money contained in the socks and that he was taken to Kabega Park... what is missing here? 

WM: It is the reference number of the warning statement 

TP: It is a problem. It is your statement and it is missing vital information. 

WM: This number that's here, and the missing part of the number... The SAP14 number is in the reference book and in the occurrence book. 

TP: Why did you not put it in? It is your job. 

WM: That is a mistake that anyone can make, but you can still go and look for the information, it is available. 


21 Nov 15:05

TP: You told this court you had nothing to do with arranging the meeting in Fort Beaufort 

WM: I only said that the only thing I conveyed to Brigadier McLaren was that I had effected the arrest and that he was prepared to talk. I said I wasn't involved any further. 

TP: I want to show you your statement you drafted... Is this your statement? 

WM: Yes 

TP: If you read here, "I" - that's you - "arranged transport to Fort Beaufort..." 

WM: I think that this is a mistake, it should have been through Brigadier McLaren that the arrangements were made 

TP: So you're saying it's wrong? 

WM: I am not denying it. I made a mistake. 

TP: It's wrong. It's a mistake. How can we trust the rest of your statement then? 


21 Nov 14:59

TP: But he says 10 O'clock, but you say it was only after you had taken Babalwa Breakfast's statement, which was at 23:40 

WM: I did make a call to him, but I can't say when. I think it was subsequent to taking Babalwa's statement 

TP: Let's look at Siyoni. You said you were arresting Siyoni on the basis of the information you had received from your source 

WM: Yes 

TP: But you didn't arrest him based on your source, you arrested him on the information from Babalwa 

WM: You must know this info started with the info I received from my source  

TP: Many may believe you, Captain, but I am not one of them


21 Nov 14:56

TP: Did you tell Brigadier McLaren you had arrested Babalwa Breakfast? 

WM: I never told him that, I told him that I had taken a statement from her 

TP: That is not what Brigadier McLaren said 

[TP refers to record during McLaren's cross-examination] 

TP: Brigadier McLaren said he got a call at about 22:00, that he had received a call from you 

TP: He further goes on to say that he - that would be you - that you had informed him you had arrested Siyoni and Breakfast 

WM: I never arrested Breakfast 

TP: I asked him about the time - he said it was 10pm, which according to you would be impossible. And he said it was very accurate. 

WM: I can't say what time it was 


21 Nov 14:51

TP: You spoke to Brigadier McLaren, telephonically 

WM: I don't remember the time exactly, but it was after I spoke to Babalwa and had warned Siyoni of his rights 

TP: So it would be after 23:40 

WM: Yes 

TP: And what did you and Brigadier McLaren discuss? 

WM: There was nothing to discuss, save to inform him that I had arrested a person 

TP: Who? 

WM: Thando Siyoni 


21 Nov 14:49

TP: South African law, captain, and you should know that, requires you to warn a suspect, and you did not do that and I want to know why! 

WM: I maintain, there was no need at that stage. The information I had, had not been verified at that stage. 

TP: I am going to move on, because you clearly don't know the law. The law says you must warn a person who MAY implicate himself, and you don't seem to know that. 

WM: I know that very clearly. That is the reason why, before I spoke to Siyoni, I warned him of his rights. 

TP: Are you talking about after you got Babalwa's statement? You are missing the point entirely, let's move on. 


21 Nov 14:46

TP: When you took Mr Siyoni from Infinity, you had information to suggest he was involved in this matter 

WM: Yes, there was information that he did play some role 

TP: In fact, a lot more than that, your info said he was involved 

WM: That is what I said. The information indicated that he did have a role that he played 

TP: So you should have warned him that he is not obliged to answer your questions when you took him 

WM: I am going to repeat this 

WM: At that stage, there was no reason to warn him. The information I had at my disposal was information I had from a person unknown from me 

TP: You misunderstand me, the information you had, you should have realised he may implicate himself with his answers, surely? 

WM: Yes. That is why when I spoke to him after obtaining the statement, I was compelled to warn him 

TP: You are talking after Babalwa's statement? 

WM: Yes 


21 Nov 14:43

TP: What happens if she gives you information that implicates her? What then? 

WM: I would have been compelled to warn her of her rights if she implicated herself. But according to my information at my disposal, there was nothing that implicated her in the matter. 

TP: But you said you saw her as a suspect 

WM: I never said I saw her as a suspect 

TP: The information you had, did it not indicate she had knowledge of this incident? 

WM: The information I had was that she might have some knowledge of the incident 


21 Nov 14:40

WM: This case is no different to any other case. It is not a surprise for us to go to witnesses and ask them to accompany us and tell them they are not bound to go with us. 

TP: There is a difference here, you had information here that this lady was involved or had information 

WM: Yes 

TP: Did you warn her before you left that she was a suspect, that you were going to ask her questions where she may incriminate herself and that she didn't have to answer? 

WM: First of all, I have already stated, Babalwa was not under arrest. Secondly, there was no need for me to warn her. 

WM: Now lastly, I wanted to establish whether she was going to be able to confirm the information I had at my disposal. I treated her like any other person. 

TP: You shouldn't have. On your information she was a suspect. 

WM: I want to clarify - the info I had was unconfirmed. 

TP: But you were going to question her on this unconfirmed information? 

WM: I was going to ask her what her knowledge was in respect to the information I had. I was not planning on arresting her. 


21 Nov 14:36

TP: Did she know she could refuse to go with 

WM: Yes, if she didn't want to go she did not have to 

TP: I am asking it differently; did you make it clear to her that she did not have to go with you? 

WM: There was no reason for me to do that, she was not placed under arrest 

TP: Her and her brother asked that the brother go with, correct? 

WM: They did not, it was Babalwa who requested that her brother go with 

TP: Why would she want her brother to accompany her? 

WM: I don't know 

TP: So you will not dispute her evidence that she feared you and your group and it was her decision to take her brother with for protection 

WM: That is not so. Babalwa was not scared. She voluntarily left from her mother's house 

TP: You have to be joking. A lady who does not know you or your group from a bar of soap, voluntarily leaves with you without any fear? 


21 Nov 14:31

TP: We know now that Babalwa's statement was commissioned at 23:40. Does that mean you were busy with her for 2 hours and 15 minutes? 

WM: Yes, that is correct 

TP: And can I accept that you did not arrest Mr Siyoni until you had that statement commissioned? 

WM: Yes, that is correct 

TP: So you will probably concede, that until you had that statement commissioned, you did not have enough evidence to arrest him 

WM: Yes 

TP: What would you have done if Babalwa had not made a statement? 

WM: I was not going to do anything to force anything out of her 

TP: So if you had gone to her house and she said she was not interested to go with you, you would have left her there? 

WM: Yes 


21 Nov 14:26

Chetty: There are a number of opposing views 

TP: May I put Mr Stander's mind to rest? I am using this on similar fact evidence. 

MS: Then I have nothing further to add, my lord 

TP: Mr Mayi, what time did you get to Kwanobuhle the evening of 27 April 2015? 

WM: If my recollection serves me, it was around 9pm 


21 Nov 14:24

[Mayi is reminded that he is under oath] 

MS: I hope I am not premature 

MS: Before the break it was indicated that there would be judgments shown in the court with unfavourable judgments made against him 

MS: I wish to object to this 

[MS quotes from case law] 


21 Nov 14:21
 - COURT IS IN SESSION - 

21 Nov 14:21

ICYMI: 

Witness refuses to answer questions in Jayde murder trial 

The State's witness in the Jayde Panayiotou murder trial refused to answer any of the prosecutor's questions in a dramatic start to proceedings on Monday.

"I have said I am not going to answer any questions of yours Mr Stander," nightclub bouncer Luthando Siyoni said.

Siyoni was arrested on April 27 last year after Jayde disappeared from outside her home in Kabega Park, Port Elizabeth, on April 21.

She was found dead the next day in a field in KwaNobuhle. 


21 Nov 12:50

TP: Is that the statement where he had a tiny scratch during a scuffle?

WM: That is correct.

TP: What is your home language?

WM: Xhosa.

TP: And do you speak Zulu?

WM A little.

TP: And when you spoke to Siyoni did you speak in Xhosa?

WM: Yes.

TP: And to Babalwa Breakfast?

WM: Yes in Xhosa.

TP: To both of them in Xhosa?

WM: Yes.

TP: Can we take the lunch adjournment?

Chetty: Court is adjourned.


21 Nov 12:48

TP: Have you been accused by people of assaulting them and making them make a confession?

WM: Up to this stage, I have never had that.

TP: I am going to show that you have, and that a high court judge has dealt with it and shown that you have assaulted someone.

TP: You have a very selective memory.

TP: You must be aware that during the bail application for Christopher Panayiotou, we alleged over and over that Siyoni had been assaulted.

WM: Unfortunately I did not follow the bail application.

TP: We know you weren't there, but did no-one tell you that these allegations were being made?

WM: No, I did not follow this and no-one approached me about it.

TP: So let me be clear, at no time, in the first or second, did anyone from the state or a police officer, ask you to make a statement relating to assaulting Siyoni?

WM: I was approached to make a statement that Siyoni was not assaulted.


21 Nov 12:45

TP: Was his pants torn?

WM: No.

TP: At the time it says that you pulled his pants down to see if he had defecated in his pants.

WM: That is not true.

TP: Let me put it to you that a judge has found that you lied in another case in where a person had soiled themselves.

WM: I don't bear any knowledge of that.

TP: I will show you that not just in this case but others.

WM: I don't have any knowledge.

TP: You are a man who has testified in a number of cases and that you are regularly accused of assaulting people.

WM: This happens in any cases.

TP: I am talking about you.

WM: No.

TP: You saying you have never been accused of assaulting people?

WM: It happens but I don't assault people.


21 Nov 12:38

TP: Mr Mayi, these names you have given us, none of them are members of the organised crime?

WM: That is correct.

TP: And it is your version that it is only after you, and lets be kind to you, arrested Siyoni, that you contacted Koen?

WM: Yes that is correct.

TP: With your years of experience, you know that people will say one thing and say another thing completely in front of court?

WM: Yes sometimes.

TP: And you will know that accused people, even if you treat them nicely, will come and say you treated them terribly?

WM: Sometimes it will happen.

TP: The way to stop that, would be to write a full and thorough statement, for example, Mr Siyoni had a cut to his eye, you could have added that to your first statement?

WM: I said he had a small scratch, I did not say a cut.

TP: And why did you not put in your first statement that he had struggled with you when you put handcuffs on him?

WM: At the time I observed what looked like a minor scratch, it did not look serious.

TP: You are trying to minimise it, why did you not say that at the time of arrest he resisted arrest and a tiny little scratch was sustained on his eye?

WM: As I have said, when I made reference to the minor abrasion, I cannot even say he resisted arrest.


21 Nov 12:34

MS: Can you tell the court who were the members who were with you at the arrest of Mr Siyoni?

WM gives the names of those who accompanied him.

MS: So are those the gentlemen who went to fetch the informer from Uitenhage?

WM: Yes.

MS: I have no further questions.


21 Nov 12:31

MS: Can you remember the day when Babalwa Breakfast testified here in court?

WM: Yes I remember it clearly.

MS: What was your reason for being in court?

WM: I am a witness in this case, I did not know when I was going to be called.

MS: Did you speak to her?

WM: Yes.

MS: Did you have your affidavit with you?

WM: Yes.

MS: And did she have an opportunity to read through her statement?

WM: Yes she did.

MS: And did she have any concerns?

WM: She did not raise any concerns regarding the content of the statement. She seemed content.


21 Nov 12:28

MS: How did it come about that you were in Despatch police station on the 3rd of May?

WM: Brig McLaren made a call to me.

WM: And because I was residing in that area and did not have a government vehicle.

WM: He said lets meet at the Despatch police station as it was close by.

MS: Was it close to where you live?

WM: Yes.

WM: So the main reason was because they could not speak Xhosa, they wanted me to come and warn him of his rights in Xhosa, and they wanted me to speak to him as he had given them a name when he was questioned and they wanted clarity around the name.

MS: You weren't part of the arrest?

WM: Not at all.

MS: Could you get any information from him?

WM: He was of no assistance.

MS: Did you speak to him later in the day again?

WM: I think I did speak to him later that day, he spoke of a name and a certain place or area, but he couldn't remember the place.


21 Nov 12:24

MS: Now I want to take you to the 3rd of May.

MS: I want to take you to exhibit P.

MS: Early hours of May 3, we go down, do you recognise the handwriting on this document?

WM: Yes I do.

MS: The signature bottom right, is that your signature?

WM: Yes.

MS: On the 3rd of May, is it correct you explained the rights to one Sizwe Vumazonke?

WM: Yes, that is correct. I explained his rights to him.


21 Nov 12:22

MS: We know that the next morning, that's now the morning of the 28th, he was in Fort Beaufort.

MS: Now at some stage during his evidence, he indicated that while he was there, the people who arrested him also arrived there, do you know anything about that?

WM: No I don't have the slightest knowledge of that.

MS: He doesn't say you specifically, but says some of those responsible for his arrest spoke to the man taking his statement?

WM: I was not part of those people visiting in Fort Beaufort, and the other people who arrested him were with me in Uitenhage, they were never in Fort Beaufort.

MS: The next day?

WM: Yes.


21 Nov 12:20

MS: I now take you to AC1.

MS: I take you to the time, 01:35.

MS: Reads - suspect detained by Captain Mayi, Thando Siyoni, - nil - murder - no injuries.

MS: Is this your handwriting?

WM: No.

MS: But it is your signature?

WM: Yes.

MS: When he was detained, did Siyoni have no injuries?

WM: There were no injuries that you could see, that were visible, but he had a small scratch to his left eye in the region of his eyebrows.


21 Nov 12:18

MS: Were you involved in making arrangements around Mr Siyoni making a confession?

WM: I did not play any role.

MS: I want to take you to a number of documents.

MS: I take you to exhibit AX.

MS: This is a notice of rights form, SAP14a.

MS: Do you recognise this document?

WM: Yes.

MS: Do you recognise this handwriting?

WM: Yes.

MS: Can you tell the court when this document was completed and why?

WM: When you effect an arrest on a person and detain them in the cells, that's now except the rights that you have warned the person of at the time of his arrest.

WM: Now again, when you detain a person, you have to complete this form and again explain the rights to the person, and these rights are even written on this document.

WM: After I complete this document and sign it, and he will place his signature on it, and the original you will hand over to the accused.

MS: Did you explain the rights to Mr Siyoni here?

WM: That is correct.

MS: The signature at the bottom right?

WM: That is mine.

MS: And bottom left?

WM: That is Siyoni's.


21 Nov 12:14

MS: So you got the two brothers and then?

WM: We went to Kabega Park.

WM: Where I handed everything over to the investigating officer of the case, and then I left them and I was no more part and parcel of the case.

MS: Now I want to ask, did you know of a cellphone received from Siyoni, and more important, did you seize it?

WM: I don't recall.

MS: Brigadier McLaren, do you know him?

WM: I know him very well.

MS: Were you in contact with him?

WM: Yes.

MS: And what was the reason for you being in contact with him?

WM: That was to appraise him about the arrest that we had made.

WM: And also to inform him that the person who we had arrested was a person who was free and could talk.

MS: We know that shortly after Mr Siyoni was taken to Fort Beaufort to make a confession, what do you know about those arrangements?

WM: I don't have the smallest knowledge about that.


21 Nov 12:11

MS: I now take you back to Kenako, where you met Koen.

WM: When we moved from there, we went to Kulati Street, to Siyoni's residence.

WM: Now that was going to be where he was going to hand over the R30 000 that was left of the money he was going to pay to Sizwe.

WM: When we got to the room, he looked for the money in the wardrobe, where he said he had placed the money, but was unable to find it.

WM: Then he went to Babalwa, who was in the car.

WM: Then Babalwa said she had taken the money for safe keeping to a relative who was staying close by in the area.

WM: When we got to the house, Babalwa called the lady and she brought the money.

WM: I can't recall if she brought it in a bag, but the money was divided into R10 000s and placed in black socks.

WM: Then we took the money, and I handed it over to the investigating officer of the case, Koen, as he was also present.

WM: When we came out that house, we returned to Babalwa's house.

WM: The reason we went there, was because I was looking for her two brothers.

WM: Because what she intimated to us when we were in Uitenhage, she told us that there was a person who came to them with a bakkie, and that Siyoni told her that the person was Chris.

TP: I trust this is going to be treated as the hearsay that it is.

Chetty: This is struck off the record.

Chetty: Please warn the witness.

MS: Did Babalwa give you the name of the two brothers?

WM: Yes.

MS: And you wanted to get statement from them?

WM: Yes.


21 Nov 12:05

MS: At some point Mr Siyoni alleged that he was handcuffed when he was taken out the car at Kwanobuhle.

WM: There was no reason at all for handcuffs to be placed on Siyoni.

WM: During all that time, he was not yet placed under arrest.

MS: Siyoni alleges that at some point those handcuffs were taken off his wrists and he had his hands tied behind his back and forced onto the ground.

WM: That's lies emanating from him, nothing like that happened.

MS: And he even alleges that while on the ground he had people jumping up and down on his legs.

WM: That never happened.

MS: And that while on the ground, he was 'tubed'.

WM: The whole time he was in my care, nothing like that happened to him.

MS: He also alleges that while he was being tubed, pepper spray was sprayed on the tube and on his face.

WM: Nothing like that ever happened.

MS: He also says that at some stage while he was being tubed, he was hit in the face, and that you wiped the blood off his face.

WM: Siyoni was never assaulted. Never did I wipe blood off Siyoni, because there was no blood.


21 Nov 12:00

WM: Secondly, things were changing for him. From the time up to then he was a free person, sitting in that office, now with handcuffs being placed on him, things are changing now, he is being placed under arrest.

WM: Before then nothing had been said about him being placed under arrest.

WM: In the process of the struggle, it happened that he scratched his left eye with the handcuffs.

WM: Then we succeeded to place handcuffs on him, and left Uitenhage and met with detectives at Kenako Mall.

MS: I want to stop you there briefly, was Mr Siyoni tortured at Kwanobuhle?

WM: Not at all.


21 Nov 11:59

WM: Then, he also made reference to money that was left there at his house.

WM: He said he made it from the share which he had to pay.

WM: Because at that stage I was not the investigating officer of the case, so immediately I made a call to the investigating Officer of the case, Constable Koen, requesting him to meet in Port Elizabeth so that we could follow up the issue of the money.

WM: Because when you tell a person that he is under arrest, you are compelled to put handcuffs on a person.

WM: I put handcuffs on Siyoni, but at the time I placed the handcuffs on him, he displayed some resistance to having handcuffs placed on him.

WM: My colleagues came to my assistance, to help me place the handcuffs on his wrists.

MS: Why did you struggle?

WM: This young man refused to allow me to place handcuffs on his hands.


21 Nov 11:55

WM: When I got to Siyoni, I told him I have this information at my avail, I want to know what you have.

WM: I told him the information I had, was information substantiated by information I had from Babalwa who had made a statement.

WM: I then told him that it means now, I am placing you under arrest.

WM: And as a person being placed under arrest, he was not compelled to give me any information.

WM: And that he has the right to acquire the assistance of a legal representative to be present when he is providing me with any information.

WM: Now after I had explained his rights to him, I wanted to establish if there was anything he wanted to share in light of the information I had at my disposal.

WM: He agreed, conceded, without being compelled, saying "I did play a role in the killing of the deceased".


21 Nov 11:52

MS: You finish with her statement, 23:40, what happens from there?

WM: I left her in the office and returned to the office where Luthando Siyoni was.

MS: At that stage, was he arrested already?

WM: He was not yet placed under arrest.

MS: Was he handcuffed yet?

WM: No, nothing was placed on him.

MS: You may proceed.


21 Nov 11:51

MS: Before you finished the statement, what procedure did you follow?

WM: First I would read out the content of the statement. Then I would give the statement to her that she could read it herself.

WM: I gave the statement to her, she read through it and gave the indication that she was satisfied, she added her signature to the statement.

MS: And in what language did you speak to her?

WM: It was in Xhosa.

MS: And when you read it back to her?

WM: I read the statement out in English, as it was in English, but wherever she needed explanation on context, I would offer an explanation.

MS: Did you threaten her in anyway?

WM: Not at all.

MS: Did you influence her in any way?

WM: Not at all, I didn't do that.

MS: Did you put words in her mouth?

WM: Not at all.

MS: And how did you commission the oath?

WM: That was to inquire from her if she knew what was contained in the statement as I had read it out to her, and to inquire from her that she swears that whatever is contained in the statement she conveyed to me, is the truth.

WM: After that she signed the statement.


21 Nov 11:47

MS: Did you read anything out to her?

WM: I read it out and according to her there was nothing I missed out.

MS: And at the bottom of the first page, can you tell me whose signature that is?

WM: The signature of Babalwa Breakfast.

MS shows the signatures on each page.

WM; Yes that is her signature.

MS: I see the statement was commissioned at 23:40, is that the time you finished with the statement?

WM: Yes.


21 Nov 11:45

MS: I want to show you a document, I take you down to the handwritten part, do you recognise it?

WM: Yes.

MS: Do you recognise the handwriting?

WM: Yes.

MS: How did it come about that you took the statement?

WM: First of all, I had to explain to her what I had at my avail.

WM: After that she related the story to me, I would listen and we would correct each other here and there as she is relating the story.

WM: When she was done, it was at that stage I decided it would be proper for me to reduce this information into a statement.

MS: Now in that statement, did you add anything that she did not tell you?

WM: There is not a single thing that I could add to her statement. The information she had at her disposal was not information that I had.

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