AS IT HAPPENED: SMSes between Panayiotou and Siyoni scrutinised in trial

2017-04-24 08:52

As the trial of Christopher Panayiotou and his co-accused resumed, SMSes between Panayiotou and alleged middleman Luthando Siyoni have been closely scrutinised in court.

The accused in the Panayiotou case
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Last Updated at 22:09
24 Apr 14:40

TP requests that court stands down till Wednesday

Stander agrees

Dauberman says he has no objection

Chetty: Court is adjourned to 9am on Wednesday


24 Apr 14:36

MS: Did you see that Chanelle Couts never noted that she was visiting Chris?

TP: Leading in the extreme, my Lord

DC: Is this really necessary Mr Stander?

MS: No further questions my Lord


24 Apr 14:35

TP: But why, she visited him on a regular basis?

AH: I was asked to

TP: I have no further questions


24 Apr 14:34

TP: Yet you don't note that he complained about the absence of Van Der Spuy?

AH: I noted the absence of Advocate Stander and Swanepoel

TP: I will address this

TP: We have your statement here taken earlier, where you were asked to spy on Christopher Panayiotou at the North End Prison

AH: I was asked to observe him, yes

TP: Where you were dressed up in a prisoner's outfit and asked to sweep near Chris and Chanelle?

AH: That is correct

TP: And you were to listen to them and wear a camera?

AH: That is correct

TP: But your camera failed?

AH: It was too high


24 Apr 14:32

TP: Is it correct that you have not made a statement in relation to this case to date?

AH: I have

TP: I have't seen it

[statement handed over to him]

TP: Is it correct that this was made in April 2017?

AH: That is correct

TP: Did you take statements from the four individuals [reads names out]?

AH: Yes, that is correct

TP: Earlier this month?

AH: Yes, that is correct

TP: On instructions by Captain Swanepoel?

AH: That is correct


24 Apr 14:30

MS: And did you transport Breakfast to the High Court for a consult?

AH: Yes

MS: Did she have any complaints?

AH: No

MS: The incident on the 30th of September 2016, do you recall a visit to Siyoni with myself, Swanepoel and Brigadier Koll?

AH: Yes

MS: Do you recall why?

AH: Captain Swanepoel informed me that Mr Siyoni was on a hunger strike.

MS: When you dealt with him at any stage, did he indicate he was assaulted?

AH: No

MS: No further questions


24 Apr 14:29

MS: I call Armien Humphries [AH]

[Humphries is sworn in]

MS: Is it correct you are a sergeant in the police service in organised crime unit?

AH: That is correct

MS: We heard evidence Siyoni was detained at Humewood for a period of time and that he had visitors from time to time?

AH: That is correct

MS: Did you transport any of those vistors?

AH: Only Babalwa Breakfast

MS: And during the transport of Babalwa Breakfast, did she have any complaints?

AH: No

MS: And Siyoni, no, just complaints about wanting to watch tv's?

AH: no, just complaints about wanting to watch tv's


24 Apr 14:26

TP: I will argue later that this evidence is irrelevant but I will ask a few questions

TP: You say he got preferential treatment because he was a witness?

RK: That is correct

TP: Do you understand that the order from the high court only came through in August?

RK: That I understand

TP: Do you know that he had an attorney?

RK: Yes

TP: And you know that you can't talk to him about the case without his attorney present?

RK: I didn't

TP: You know you can't?

RK: I do

TP: No further questions

MS: No cross examination

[Koll is excused]


24 Apr 14:24

MS: I take you to CQ, January 2016, entry 1037, can you tell the court about it?

RK: On that specific entry he indicated he had medical problems in the cells. I would communicate with the investigating officer, which I did.

MS: And a further entry on page 116, CQ, entry 1139, 30 September 2016

MS: Can you confirm what this was about?

RK: The issue was him having problems with the food. He was no longer happy to eat the food because of food poisoning concerns he had

MS: So he did not want to eat the food police was providing?

RK: That is correct

MS: If we look at the entry above, it states that Siyoni didn't want to eat?

RK: That is correct

MS: No further questions


24 Apr 14:21

MS: In the time when Siyoni was detained at Humewood, can you explain your relationship with Siyoni?

RK: We got along well, every day I visited asked him if he was ok, or if there was anything he needed

MS: As a rule, it is accused persons detained at police cells?

RK: That is correct

MS: He was a state witness, was there any difference to the way he was detained?

RK: Yes of course, there were some privileges

RK: We made arrangements for him to gym in a makeshift gym at the station.

RK: He also made requests, wanted to watch movies or sports that were made

RK: It was part of the briefing, he is actually more a witness detainee, we should be more accomodating

MS: Any compaints you can draw attention to?

RK: There were only two complaints I can remember, and those I documented


24 Apr 14:15

MS: Is it correct that you are a Brigadier in the SAPS?

RK: That is correct

MS: During the period from 2015 to 2016, you were a colonel?

RK: I was a brigadier

MS: I apologise

MS: You were in charge of Humewood Police Station?

RK: That is correct

MS: Is it correct that Luthando Siyoni was held at the Humewood Police Cells?

RK: That is correct

MS: Did you visit him?

RK: That is correct, I visit the cells daily

MS: Is it correct that you have a chance to peruse the occurence book for Humewood for that period?

RK: That is correct


24 Apr 14:12

The accused have taken there seats

- COURT IS BACK IN SESSION - 

MS: I next call Ronald Steven Koll [RK]

Koll is sworn in


24 Apr 12:17

[Chetty says he will not excuse Swanepoel, but will ask him to stand down to allow the other witnesses to be called in the interim]

Court is adjourned to 2pm


24 Apr 12:15

MS: Did you at any stage mistreat Mr Siyoni?

KS: There was not a single instance your Honour                        

MS: No further questions

TP: Before we continue, may I ask that Your Lordship make the evidence of Siyoni and Breakfast available in the trial within the trial

DC: Mr Stander, any objections?

MS: I will also be relying on them at some stage as well, so I have no objection

TP: Mr Stander has indicated he has three more witnesses that he wishes to call, that should not take too long

TP: Mr Swanepoel is obviously a crucial witness and I need some time to prepare. May I ask that we stand down for today and then, if we may proceed with the other witnesses tomorrow and resume with the cross examination of Mr Swanepoel on Wednesday?

MS: I can get one, possibly two of those witnesses here by this afternoon

MS: I cant give the court an undertaking now


24 Apr 12:10

[The accused are back in the dock]

- COURT IS BACK IN SESSION -

MS: Do you know why the case was not immediately withdrawn against Siyoni after his statement was made?

KS: I had a statement that needed to be corroborated

KS: It was a statement that contained many aspects

MS: The state has already esablished that two people were established to bring visitors to him

KS: It was Mr Siyoni's request that certain people do not visit him at the same time. I made the arrangements for the visitors to be brought to him

MS: It is recorded that Mr Siyoni complained a lot that you didn't visit him, how did you get along with him?

KS: We got along very well



24 Apr 11:55

TP: I sure hope Mr van der Spuy is going to be called to testify

TP: Mr van der Spuy is a critical witness to this case

MS: Did you influence Mr Siyoni to sign this document?

KS: No

MS: I am nearly finished with this witness

MS: May I ask for a short adjournment to consult my notes?

DC: Court is adjourned


24 Apr 11:54

MS: And a statement was taken?

KS: A few days thereafter

MS: And what was the process?

KS: The consultations that took place between Mr Van der Spuy and Mr Siyoni

KS: When the statement was taken down, Mr Van der Spuy was not present

KS: This was only due to administrative reasons

KS: The statement was not signed

KS: Mr Van Der Spuy was contacted and informed that the statement was recorded

KS: He then came and consulted and went through the statement

KS: And only after the two of them were satisfied, the statement was then signed


24 Apr 11:51

KS: Mr Panayiotou granted permission for the search

MS: Did Griebenow meet Panayiotou that night?

KS: He did

[Discussing the issue of the section 204]

KS: The aspect of section 204 was put to the DPP. It was asked to be put in writing

KS: This happened before the arrest of Panayiotou

KS: Two attorneys were approached, but they said they could not assist as there were no financial instructions

KS: This was referred to the DPP, and then this led to the appointment of Mr Van der Spuy, who is from the legal aid board

MS: And this was on?

KS: I think the 30th of April, on his first appearance

MS: After?

KS: Before


24 Apr 11:47

MS: He was arrested?

KS: Yes

KS: During the departure from the residence, there was no attorney on record?

KS: We were not far from the residence when we received a call from an attorney

KS: We received calls from Gouws, Griebenow and I think Bester

KS: The choice was presented to Panayiotou to make a choice, else we would meet all three at the offices

KS: Panayiotou chose Mr Griebenow

KS: And arrangements were made for Mr Griebenow to meet at our offices later that night

MS: We heard evidence that a search at Mr Panayiotous house was conducted?

KS: That is correct, it was at his home in Kabega Park

KS: Before the search took place, we informed him that a search warrant can be obtained; and Mr Griebenow was informed and said he could attend

KS: Mr Griebenow dismissed the offer


24 Apr 11:44

KS: When I got to the question of whether he wanted an attorney, his answer was the family would take a decision

KS: I asked his permission to search the vehicle which he was there with, a Fiesta

KS: With his permission I searched the Fiesta

KS: Chris gave permission to search the vehicle, and I told him that, should he refuse, we would get a search warrant

KS: Chris refused to sign any entry I made

KS: And only answered the essentials

KS: There was no casual conversation and only answered what he was asked

KS: This made me realise that he was exercising his right to silence

KS: In the vehicle we found the cellphone

KS: It later became apparent that this was the 081 number

MS: This is the 081 number that called Siyoni?

KS: That is correct


24 Apr 11:41

KS: I consulted with two advocates from the DPP

KS: And after viewing the video footage, it was decided to arrest him

MS: And were you involved with the arrest of accused number 1?

KS: Panayiotou: Yes

MS: Can you tell the court how that arrest occured?

KS: We used Koen to hear where he would be that evening

KS: He said he was sleeping at his parents' house and we made our way to his parents' home in Uitenhage

KS: When we got there, there was a large gathering due to the incident

KS: So, due to humanitarian reasons, we decided not to enter the house, we sent Eksteen to go and fetch the man

KS: The person known as Costa came out

KS: We explained the reason for our visit

KS: Thereafter, Christopher was fetched by Costa and Eksteen

KS: Chris came out and I introduced myself and told him who I was

KS: I informed him I was arresting him for murder

KS: I informed him of his rights


24 Apr 11:38

MS: And this is what led to the change in venue for the encounter?

KS: That is correct

MS: It is correct that the meeting did take place?

KS: Yes

MS: Were you present or not?

KS: No, I was not

MS: Did you go with to Algoa Park?

KS: No

MS: Is it correct that at the return from this encounter, you were provided with video recording?

KS: That is correct

MS: We know that following this, accused number 1 was arrested

MS: Was this your decision?

KS: No it was not my sole decision


24 Apr 11:36

MS: Now if we go to BG5, page 46, line 20

MS: A conversation between Eksteen and Siyoni

MS: It is said that Siyoni must say he is in Jeffreys Bay

MS: What was the reason, or the background to that?

KS: We were still buying time

MS: One of the earlier calls, it says the meeting will take place at McDonalds, did it happen there?

KS: No

MS: On page 47

MS: here at line 8 we see Siyoni saying it is going to take about an hour

MS: And at line 20, then Panayiotou says, "no well meet me then at the Engen there at Algoa Park"

MS: Is this correct?

KS: Yes


24 Apr 11:32

MS: Now, further, if we go to BG 5, page 46

MS: And at line 4. Panayiotou says where are you, and Siyoni says "I am still waiting for transport to take me there"

MS: Can you recall that?

KS: Yes

MS: Where Siyoni says he was waiting for transport, is that a true reflection or what was happening?

KS: Technically he is correct. The vehicle we had arranged, which we had sent back to the unit in East London, we had to get back

MS: So that vehicle which you had on the 28th was already back in East London?

KS: It was on its way

MS: So what arrangements were made?

KS: We requested that it urgently come back


24 Apr 11:29

MS: The first call was made at 16:54

KS: That is correct

MS: And this was following the missed calls?

KS: That is correct

MS: I now take you to the transcript of the calls made

MS: Here we see a call: "Hello Boss, I had a missed call."

MS: And then at line 9, we see Mr Panayiotou "Where do you want to meet me"

MS: And then further down "At OK?"

MS: And then Siyoni says "I cannot come to the OK"

MS: And then a meeting is arranged at the McDonalds????

MS: Is this a true reflection of the conversations?

KS: Yes


24 Apr 11:25

- COURT IS BACK IN SESSION - 

MS: I refer back to the SMSes that were sent.

MS: You say that you didn't send those SMSes, and that your English is a bit better than that?

KS: that is correct

MS: I want to take you back. We stopped where Siyoni was being collected at Kabega Park

MS: Now Koen has testified that he booked Siyoni out at 16:35 at Kabega Park police station and took him to Organised Crime

KS: That is correct

MS: And that was on your instruction?

KS: That is correct

MS: I want to take you the exhibit CP

MS: The entry lines 28 to 35, we see about 8 calls

MS: That is between the phone of Siyoni and Panayiotou

MS: What is your recollection of what happened here?

KS: We were moving closer towards a meeting

KS: It is the first time that our plan that we had in mind at the beginning was coming to fruition



24 Apr 10:55

MS: Why didnt you answer?

KS: If any of us had answered it would have ruined the plan

MS: The phone rings, goes to voicemail, what happened thereafter?

KS: Those four calls, shortly after each other, indicated a sense of urgency

KS: We then arranged for Siyoni to be fetched

MS: Perhaps now is the right time to take the morning adjournment?

- COURT IS ADJOURNED - 


24 Apr 10:54

MS: And again another call goes to voicemail

MS: 2:33, a call from Panayiotou's cellphone goes to voicemail

MS: And again at 3:01pm, another call from the 081 number, also goes to voicemail

MS: Do you have any knowledge of these calls?

KS: That is correct. The phone was with us, even though Siyoni was not

KS: Can I add that at that stage we did not know that 081 number at that stage

MS: Do you know now?

KS: It is the phone that was recovered by Bosch in Panayiotou's vehicle


24 Apr 10:51

MS: If you look at the SMS, is it you who wrote it?

KS: No, it is not my spelling

MS: W/O Bosch testified that at 14:05 he booked Mr Siyoni back at the Kabega Park holding cells.

MS: What was the reason Siyoni was booked back, based on the SMSes and conversations?

KS: We were not much further than where we were the night before. We decided Siyoni could go rest and have food at the cells and we had to discuss the way forward

MS: So he is now, at 14:05, back at the cells?

MS: So, now back to the call records, entry 24

MS: Here we see a call coming in to the Siyoni phone

MS: From a 081 number

MS: And the call goes to voicemail


24 Apr 10:48

MS: I go back to the transcript

MS: "I am just busy, I will call you back"

MS: Did he call you back?

KS: No

MS: Shortly thereafter, on line 8, there are the words, "Dont fuck me around"

MS: Were those directed at Siyoni?

KS: It was a comment about Panayiotou

MS: Here we see an SMS being sent from Siyoni's phone to Mr Panayiotou's phone on line 21

MS: What was the purpose of this?

KS: Mr Panayiotou said he would call back, but he didn't, so the SMS was about why he had not called back

MS: the SMS was recovered. "What is taking so long. I can come to you, but not OK."

KS: That is correct


24 Apr 10:45

KS: What I saw as relevant in that call is that Mr Panayiotou never denied that he was the person who had made the missed call

KS: Further, he also confirms that he is at the office at that point in time

MS: I take you back to the call log, in line 20, there is a very short call

MS: Can you recall what the conversation was, as I see it was followed by an sms?

KS: No, but I would assume it was when Chris wanted to drive this to a point and wanted to meet



24 Apr 10:42

KS: But the calls did not wait for the voicemail to kick in

KS: This one did record on voicemail and it registered as OK Grocer

KS: I saw it as something new and that something could happen

MS: Where was Siyoni at that time?

KS: He was already in the office

MS: And what did you do then?

KS: We got Mr Siyoni to call Mr Panayiotou back from his phone

MS: I want to move away to the transcript

MS: Here is a call "Hello, sure boss. I have just seen your missed call."

MS: Mr Siyoni says he is in Jeffreys Bay at that stage and says that Panayiotou must call him back

KS: That is correct


24 Apr 10:38

MS: What was the game plan for that day?

KS: Well, we had to regroup and determine the next step.

MS: This is an extract from Mr Siyoni's phone, which is the phone that was used to send the sms to Mr Panayiotou the previous night

MS: Now if we go to entry number 17

MS: This is on 29 April at 10:14 that morning, a call coming in from OK Grocer

MS: This call goes to voicemail

MS: What do you know about that call?

KS: There were a few missed calls


24 Apr 10:36

MS: And the vehicle arranged for recording, what happened to it?

KS: The vehicle belonged to another unit. The vehicle was taken back

MS: That night at 10:20pm, we see a call between Eksteen and Mr Panayiotou, what was the reason for that call?

KS: Eksteen would have been the appropriate to call as he was a family member

TP: He was not a family member

KS: Family friend

MS: So on the 29th at 7:50am, Bosch again booked Siyoni out and took him to Organised Crime

MS: Were you involved with what happened thereafter at the Organised Crime office? 

KS: That is correct


24 Apr 10:34

MS: I want to take you to page 11. Line 13... Where you said "No Fuck, he thinks he's clever."

MS: This is now in relation to the evening of the 28th

MS: At times was foul language used

KS: That is correct

MS: The question is, was Mr Siyoni ever threatened?

KS: No. If you look at line 13 and 14... that line No Fuck your honour... it didnt refer to Siyoni

MS: That particular night, was there a response to the SMS that was sent?

KS: No

MS: I am not going to call up the document, according to the Kabega Park occurence book, and Boschs testimony, he testified that Siyoni was booked back at 21:50

MS: If you look at the document, the last calls go to voicemail and Siyoni is booked back

MS: What did you think, where was your plan going?

KS: The plan wasn't working


24 Apr 10:30

MS: Now on page 16, you mentioned that one of the calls was answered by another person, which you said you later became aware was Donovan Vosloo?

MS: "Chris is not available at the moment, can I take a message?"

MS: And again "He is not available, he is a bit busy at the moment"

MS: Is this the call that you referred to where Siyoni spoke to Vosloo?

KS: That is correct, but at the stage when the call was made, we did not know the call was answered by Vosloo

MS: It also appears that it was the last time that there was contact made

KS: Yes

MS: I accept that there will be reference made to certain times where conversations occurred between the investigating team and Mr Siyoni


24 Apr 10:27

MS: And line 10 " I am not using my number. You know that I lost my phone. I need money man"  

KS: That is correct

MS: "I need a small one man, not a big. Just a R2 000, because the police are looking for me"

MS: Is this the message that the investigating team wanted conveyed to Mr Panayiotou?

KS: That is correct

MS: You said, Mr Panayiotou never chased Mr Siyoni away?

KS: That is correct

MS: If we go to page 15:

MS: "I need to leave, I dont want to get arrested man, I've never been arrested before

KS: That is correct

MS: And on line 20:

MS: "You need to give me some time Thando, you must give me a few minutes. Give me an hour and call me back."

KS: Correct


24 Apr 10:23

KS: One interesting fact and assumption made at the end of the day, was that Mr Panayiotou never chased Mr Siyoni away or tell him to leave him alone

KS: That made me wonder why

MS: I want to go to exhibit BG5... on the first page, call number 2

MS: I want you to read on the screen, is that the correct version of the conversation between Mr Siyoni and accused number 1 [Panayiotou]?

KS: That is correct

MS: And the idea that Mr Siyoni is in deep, deep trouble, that came from the investigating team?

KS: That is correct      

MS: I then want to go page 10, my recording 6, call 7

MS: I want to take you to line 7 "Hey Chris, man, I am in trouble man, the police are after me and you dont pick up your phone"

KS: That is correct

           


24 Apr 10:19

MS: Where was Siyoni's phone, how was it found and how was the SMS sent?

KS: The phone was recovered in Siyoni's posession in his arrest and that is how the police got that phone

MS: Do you know the content of that SMS?

KS: That SMS would have said something in relation to Siyoni being afraid of being arrested by the police

KS: And would have said that, if the police got him, they would also come for Panayiotou, something along those lines

MS: Now, I dont think that is in dispute, the evidence is already before court

MS: The content was, "Boss if I'm arrested, they will make me talk and they will be after you."

MS: It has been put to Siyoni that you are the one who typed that SMS

KS: Can I see the content and spelling of that message?

KS: Boss is not part of my vocab, and arrested is incorrectly spelt

KS: This is not my type of language use. I am not an English fundi, but my spelling is not that weak.

MS: What was the reason that SMS was sent from Siyoni's own phone?

KS: With the calls we never got anywhere. And there was not a concrete conversation with Panayiotou to make him aware of what was happening, so we wanted to make Mr Panayiotou aware of the situation with Mr Siyoni so that was the reason we sent the SMS


24 Apr 10:15

MS: I want to bring your attention to the following exhibit. It is an extract from Mr Panayiotous phone

MS: I have highlighted each call from your phone as Kanna and highlighted it in red

MS: And if we look here, on the 28th, we see there are three calls, then seven, and then again three. Would this be the 13 calls you are referring to?

KS: That is correct

MS: Then I have marked those that went to voicemail, so there remains only six calls

KS: That is correct

MS: Before we move away from this, there is also a yellow line; there is also an SMS, do you have any knowledge of this? 

KS: That is correct. That SMS was sent from Siyoni's phone


24 Apr 10:12

MS: I want to take you forward, then we will come back.

MS: On the 29th, there was a meeting and conversation took place in a vehicle with video and audio recording

KS: That is correct

MS: When was that vehicle originally available?

KS: The evening of the 28th

MS: So I can accept that the vehicle was available that night for a meeting?

KS: It was, we were hopeful that there would be a meeting that night for a meeting



24 Apr 10:11

MS: Okay, now getting to the calls themselves

MS: Now on the first day, do you know how many calls were made that day?

KS: If I recall correctly, 13 calls and one SMS was sent

KS: Of the 13 calls made, only six were answered

MS: And on all six answered, were all six Mr Panayiotou?

KS: No, Donovan Vosloo answered one of the calls, as we later determined

MS: So of the 13 calls, only five were conversations between Panayiotou and Siyoni?

KS: Yes

MS: During those calls, was there at any stage that he has no knowledge of incident?

KS: Not at that stage, only that Mr Panayiotou did not have time to speak to Siyoni and that he would speak to Siyoni at a later stage


24 Apr 10:09

MS: Now that day, the 28th of April, did you notice any injuries to Mr Siyoni?

KS: There was a mark on his eye

KS: I read in the occurence book and statements that it was slightly swollen

KS: My personal opinion, the word swelling was used for the lack of a better word

KS: There was a mark

MS: Any open wound?

KS: No


24 Apr 10:08

MS: Can you tell the court what phone was used to make the calls and how did you go about making the calls?

KS: My official police phone was used, with the caller ID blocked so that it would show as a private number

MS: So the person who received the call would not see the number of the phone?

KS: That is correct

MS: And which phone was used to record the calls?

KS: Eksteen's phone

KS: The reason I used the unknown caller ID was because I did not know what Mr Panayiotou's knowledge was about the location of Siyoni and I did not want to create the impression that Siyoni was under arrest

MS: Was anyone who was part of the group in contact with Mr Panayiotou?

KS: Yes, Koen was in contact with Panayiotou, as he was the investigating officer

KS: Eksteen, as a family friend, was also at that stage in contact with the Panayiotou family, but not sure if he was in contact with Chris himself

KS: But I definitely got it from them that the plan was not discussed with them


24 Apr 10:04

KS: And then the conversations took place and each call was recorded?

MS: I am going to come back to the calls

MS: Before these calls took place, was Siyoni at any stage assaulted in your presence?

KS: I would never allow that

MS: At any stage did you assault him?

KS: Most definitely not

MS: Did you or anyone else at any stage threaten Siyoni to make the calls?

KS: No


24 Apr 10:02

KS: I also explained that, whatever eminated from the conversations could also be used against him

KS: And the only manner in which he could be a section 204 witness was from an instruction of the court

KS: He indicated that he wanted to proceed with the calls

KS: The only purpose of the calls was to get collaboration of what he had already told me

KS: Before we proceeded, I sought legal advice regarding him making the calls to Panayiotou

KS: I spoke to an advocate in Grahamstown

MS: Did you speak to him yourself or someone else?

KS: Eksteen spoke to him

KS: The response came back that we can continue with the conversation

MS: Were there any other guidelines from the advocate?

KS: The idea of calling him came from Siyoni, the content of the conversation would be established by us

KS: And the questions that would have been put forward would have been established by us

KS: And the intent of the conversation was that hopefully Mr Panayiotou would implicate himself

KS: The intention was never to lure Panayiotou or entrap him


24 Apr 09:58

KS: You must understand he had already gone through the process of arrest through Mayi

KS: He would have warned him and when he was processed at the police station he would also have been explained his rights to him

KS: He would have been warned by the officer who took his confession

KS: And not withstanding all those warnings, I also warned him

MS: You can proceed

KS: Mr Siyoni said he was not going to take the fall for someone else's actions

KS: He said if possible, he would be a witness in the case

KS: I told him that it would not be easy to become a state witness

KS: I told him that the evidence before me points to him

KS: And whatever accusations he was making I had no evidence to support that

KS: He made the suggestion, and was adamant that Mr Christopher Panayiotou was the person who was responsible

KS: He said I must afford him the opportunity to speak to Mr Panayiotou so that we can hear for ourselves

KS: I thought I should have to give him the chance


24 Apr 09:53

MS: Can you tell the court what happened from there?

KS: I had Mr Siyoni be brought

KS: He arrived at the office and I consulted with him

KS: He told me that he had made the confession and added that, although he made the confession, he was not going to take the fall for someone else's actions

KS: Actions meaning the murder

MS: I want to stop you there, at that stage, who all was there?

KS: Definitely Eksteen, and could have been Bosch and Koen as well

MS: And in what language were you conversing with Siyoni?

KS: I spoke with him in English

KS: There was a Xhosa interpreter available, but he refused the offer of the translator

KS: My general impression was that he was well versed and understood English very well

MS: Now, at any stage during the course of the day, was his rights explained to him?

KS: My Lord, before I even took his name and surname, and as is our procedure, I explained his rights to him


24 Apr 09:50

MS: Do you know on whose request he went to book out Siyoni?

KS: That is correct, I requested him to book him out

MS: It appears he arrived at the office at around 5pm

MS: Up to that point, did you ever have any contact with Siyoni?

KS: No, my Lord

MS: Where did you meet Siyoni the first time?

KS: At our offices, in the office of the commanding officer

MS: At that stage were you aware that Siyoni had already made a confession before a police officer?

KS: That is correct


24 Apr 09:48

MS: We have heard on the 27th of April  2015 by now Colonel Mayi

MS: Were you in any way involved in the arrest?

KS: Not at all, I was not even the investigating officer at that stage

MS: Were you aware that there would be an imminent arrest or were you even aware that there would even be an arrest?

KS: No I had no idea that action would be taken or that there would be an arrest

MS: We have heard evidence that on the 28th of April you had a conversation with Mr Siyoni at Shirley Street

MS: What I want to know is when did you hear about the arrest of Mr Siyoni

KS: It could have been the previous night or early the next morning

KS: Can I just add that, at some stage members of our unit, W/O Koen, spoke to an informer and there was mention of a security guard who arranged a key

MS: We know on the 28th of April W/O Bosch booked out Luthando Siyoni at Kabega Park

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