As it happened: Panayiotou's trial postponed for cellphone records to be studied

2016-10-21 09:30

The case against Christopher Panayiotou Sinethemba Nenembe and Zolani Sibeko has been postponed until Monday after more testimony from a former employee regarding Panayiotou using his cellphone.

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Last Updated at 02:44
21 Oct 11:30

Chetty: Court is adjourned. We will resume again at0 9.30 on Monday.


21 Oct 11:30

Chetty: Please warn the witness that he must appear in court on Monday at 9am.


21 Oct 11:29

TP: Following our discussions, we are going to need more time relating to preparations around the cellphone records and ask that the court is adjourned to Monday 24 October.


21 Oct 11:28

Court resumes.


21 Oct 11:27

21 Oct 11:27

21 Oct 11:27

21 Oct 11:27

21 Oct 11:27

Here follows the transcript of the conversation regarding the phone between Mawanga and Fanoula Panayiotou, Christopher's mother.


21 Oct 11:03

Chetty: Court is adjourned.

Back at 11:15.


21 Oct 11:03
TP: My lord I am going to move onto the last part of my cross examination. Adjournment?

21 Oct 11:02

TP: I find that very difficult to believe. Mr Stander has been a prosecutor for many years.


21 Oct 11:02

TP: And did he not say to you if there is anything wrong, as I am sure he would have done, that you must let him know?                        

N: He did not say that.


21 Oct 11:01

TP: And you read it, you understood it. You say you can read and write English.                        

N: Yes I did


21 Oct 11:00

TP: Did you go through this statement with Mr Stander before you came here?                         

N: He gave me a copy of the statement.                        

TP: And what did he tell you to do with it?                        

N: He told me to read it.


21 Oct 10:59

TP: You are confusing everybody and that's what happens when you don't tell the truth.


21 Oct 10:59

TP: You are opening a noose for yourself Mr Ndedwa. You told the court yesterday he read it out in English, which you understand very well, and that you were happy wit the statement.

How do you explain that?


21 Oct 10:58

TP: But he did not write it down and that didn't bother you                         

N: No                        

TP: Did he not read the statement back to you and ask you if he had left anything out for you to rectify it     

N: It did not bother me.                       

TP: But he did not mention the Herald, he did not mention the phone being kept overnight.

N: I did not think that he did not write it down. When he read it out I was under pressure, he read it out quickly.


21 Oct 10:57

TP: No you never said that. You did say that Christopher gave you airtime and after you loaded it he used it to call and then gave the phone back to you.                        

N: I did mention that, why it is not in my statement I don't know.                        

TP: When you say that you mentioned it, did you mention it to IO Swanepoel ?                       

N: I did mention it to him.


21 Oct 10:55

TP: Did you mention in your statement that Christopher would keep the phone for long periods of time?                        

N: I did tell you that he kept the phone overnight.


21 Oct 10:55

TP: Were there any times when CP would make a call and give the phone back immediately after the phonecall?                        

N: Yes                        

TP: Did you hear the content of his call?                        

N: No I did not hear what he was saying.                         


21 Oct 10:53

TP: I'm not asking you to tell me the times, but surely you should know when.

N: I don't know, that's why I say I'm not sure of how many hours.


21 Oct 10:53

TP: When would he take the phone, was it the morning, was it the afternoon.

N: I don't know the times.


21 Oct 10:52

TP: Im going to move on from this because the record will speak for itself.


21 Oct 10:52

TP: I'm not talking about times, I'm asking how long.                        

N: The longest time was when he took the phone and kept it with him the entire night and I only got it the following day at infinity.                        

TP: But you just said the phone was with you every night.

N: It was just that one time.


21 Oct 10:50

TP: So he would take it home with him at night?                        

N: No at night it was with me.  He would use the phone during the day.                       

TP: Where?                        

N: In the office at OK or the office at Infinity.                        

TP: So where you could not see him using the phone?                        

N: Yes, I was busy with my duties.                        

TP: How long?                        

N: There were many times.


21 Oct 10:49

TP: He was suspicious of the phone, so he could have given it to the police earlier my lord.                        

TP: So he took the phone from you?                        

N: He would take the phone away from me and sit in the office.                        

TP: Are you saying he took it away from the OK Grocer?                        

N: Yes he would leave OK Grocer.                        

TP: You saw that?

N: I saw it because at one stage I was looking for my phone and it was not present. I only found my phone the following day at Infinity.


21 Oct 10:47

TP: So when he gave you the airtime he then asked to borrow your phone                        

N: Yes                        

TP: And it happened on a number of occasions.                        

N: He borrowed the phone numerous times.                        

TP: And he took the phone on numerous occasions. In his open hand. He did not have any gloves on. So it makes sense that Chris's fingerprints could be on the phone                         

Stander interjects: This was over a year ago


21 Oct 10:45

TP: Let's look at the first one, is it your testimony that Chris gave you R60 for airtime.                        

N: That is correct TP: And you put it on your phone.                        

N: Yes                        

TP: I put it to you that Chris gave airtime to all his staff so you weren't special.

N: I don't know


21 Oct 10:43

TP: There are 27 calls between your phone and Siyoni, both ways in the two weeks before Jayde’s disappearance.  Is it your testimony that there is not a single call that you made to Siyoni?                        

N: Not a single one


21 Oct 10:42

TP: Are you saying you never spoke to him?                         

N: I would speak to him, I would ask him how he is doing.                        

TP: I am now going to get to the cellphone records you allege that Chris made to Siyoni.


21 Oct 10:42

TP: You have significantly downplayed your relationship with Siyoni.                        

N: No that is not true.                        

TP: Is it not true that you would go to Infinity when they had brandy specials and enjoy a brandy with him?                        

N: I would go to Infinity and enjoy a brandy when Luthando was on duty.                        

TP: You would see him, you would talk to him.                        

N: I went there for my own business, not to talk to him.


21 Oct 10:41

TP: It was not important to find out if he got his R30 000?                        

N: It was not important to me.                         


21 Oct 10:40

TP: So he was just happy with the money staying where it left.                        

N: I don't know what he did.                        

TP: Did you ever ask Siyoni if he got his R30 000?                        

N: No I did not ask him.                        

TP: Why not?                         

N: It was not important


21 Oct 10:39

TP: Are you now saying that you told him?                        

N: He did come up to me at the bottle store and I told him that Siyoni had not come in.                         

TP: This is the first time you have come up with this story. It is not in your statement, it is not in your evidence of chief or in your cross-examination of yesterday.                        

N: I am trying to explain.                        

TP: So what did Chris say?                        

N: He said ok.


21 Oct 10:38

TP: But there is activity on that phone from 27 March.                        

N: Which phone?                        

TP: You are playing for time! You know the number.  When you phoned Chris about the money, why did you not call him back and tell him that Siyoni was not there?                         

N: When I left Chris was already there.                        

TP: Then it’s easier, you can just walk up to him and tell him.                        

N: I told him


21 Oct 10:36

N: That is why I am not certain of the date. Yes, it was a month, but I'm not sure of the date.                        

TP: I’m going to move on, you are not answering the question.                        

TP: You said you only got the cellphone ending 2014 that you only got it after Chris destroyed the SIM                         

N: Yes


21 Oct 10:35

Terry Price reads: About a month before Jayde’s disappearance  …                      

N: I see this                        

TP: Can you explain why there is such a massive difference between your statements from one week to one month?                        

N: I spoke about a month because this happened this week and the following week Jayde got missing.  

TP: You are ducking the question again. You told this court a week, that would take it to the 14th of April, in your statement you say a month, that takes it to 21 March.                        

N: When I made the statement, I did give the explanation that for a period of two weeks Christopher was making use of my phone.                         

Judge Chetty: That is not answering the question


21 Oct 10:33

TP: Let's go back to the issue of the R30,000 the week before Jayde went missing is that correct?                        

N: That is correct                        

TP: Let me show you how often you contradict yourself. Let's look at your statement.


21 Oct 10:30

TP: Just very briefly, when you speak about Mrs FP drinking water on the 12th of Feb, where did she get it? 

N: It was there.                        

TP: Was it in a glass, was it bottled? N: I said it was bottled, I can't recall if it was sparkling or still.                        

TP: Did you see her drink it? N: I went out she was still holding the water in her hand.                        

TP: Did you see her drink it?                        

N: No                        

TP: In your testimony you say she was shocked, she sat down and drank some water.                        

N: She sat down and took the water, and then I left.


21 Oct 10:28

TP: Where were you between 6 and 8am in the morning?                        

N: I was at in Zwide.                        

TP: Can anyone confirm that?                        

N: I don't know if anyone saw me                         


21 Oct 10:26

TP: Tuesday 21 April 2015 you were not working at OK Grocer is that correct?                        

N: Those were my off days.                        

TP: I am talking about that specific day.                        

N: No I was not.


21 Oct 10:25

TP: And you knew that CP was a man with a lot of money.

N: Yes the place where he lived was an indication of that.                        

TP: And you were always in need of money                         

N: Not always                         


21 Oct 10:24

TP: Is it correct you did not work on Tuesdays?                         

N: Yes                        

TP: It is correct that you have been to CP and Jayde's home on numerous occasions?                        

N: Yes


21 Oct 10:24

TP: Then why did you want to take it back?                        

N: I came to think about the things that CP had done for me.                        

TP: So you were thinking of taking it back and not giving it to the police?                        

N: That is what I was going to do, but then I changed my mind                        

TP: Ok I will leave it there                         


21 Oct 10:23

TP: Why did you want to take the phone back if you were going to take it to the police?                        

N: I did not say there that I was going to take it to the police.                        

TP: Was it not that you were expecting a reward for the phone?                        

N: Hayi hayi (No)


21 Oct 10:21

TP: Is is correct that you offered to take the phone back to Mrs Panayiotou?                        

N: Yes


21 Oct 10:21

TP: Mr Stander will confirm that the transcript is the same as the audio.                       

MS: I am happy


21 Oct 10:20

TP: Mr Ndedwa, during the break you had a listen to the tape.                        

N: Yes


21 Oct 10:20

Judge is back and court is in session.

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