AS IT HAPPENED: #Panayiotou sentencing deadline set

2017-11-23 09:46

Christopher Panayiotou and fellow accused have appeared for sentencing in the murder of his wife Jayde Panayiotou.


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Last Updated at 10:43
23 Nov 10:36
Court is adjourned

23 Nov 10:35
Chetty says he will hand down sentencing tomorrow at 9.30

23 Nov 10:35
Siyoni faces charges of conspiracy to commit murder and murder

23 Nov 10:34
Siyoni is therefore not discharged

23 Nov 10:34
Ngqeza informed Siyoni not to address any questions

23 Nov 10:34
At the hearing before me I invited Siyoni;s attorney to address me

23 Nov 10:34
Chetty: Cautions the witness, that during his evidence in chief I declared him hostile

23 Nov 10:33
Mr Siyoni request to this court is for the court to consider how he came to the court as a section 204

23 Nov 10:32
I gave him the opinion, if it was wrong, I take the blame, not Mr Siyoni

23 Nov 10:32
I must concede I have tried to look for case law where a section 204 witness was discredited, but I could not find case law on that

23 Nov 10:31

It was only when he was declared hostile that I gave him the opinion

If I gave him the wrong opinion, I will take the blame for that

My opinion was based on the fact that he was being discredited

23 Nov 10:30

Ngqeza: He testified to the best of his ability, although some would say his answers were not helpful to some.

He testified up until he was declared hostile

23 Nov 10:30

Chetty interjects: Are you giving evidence before me?  

Ngqeza says Siyoni did give testimony to this  

Ngqeza: My humble request is that it is clear that when he was called by the state, the state knew the state would not testify to the statements given  

23 Nov 10:29
Ngqeza says the sate said they would not use him as a 204 witness

23 Nov 10:28
Ngqeza says he said he would tell the truth, but would not refer to the statements

23 Nov 10:28

Ngqeza is again referring to the emails sent to him

Ngqeza says that they had told the state that he would not rehearse statements and would not recite the statement in court as there were elements he did not agree with

23 Nov 10:26
Ngqeza says the court would remember this day as it was the day he was chastised for not being properly dressed before the court (He did not have his robes on)

23 Nov 10:25
Ngqeza says Siyoni clearly said he would not testify to his statements, he would tell the truth

23 Nov 10:25

Chetty interrupts, he says he knows about the emails, he wants to know is there is any evidence relating to him discharging Siyoni

Ngqeza says Siyoni was a victim

23 Nov 10:24
Ngqeza says that he only joined the case after Siyoni had become a section 204, and that an email was sent to the prosecution that Siyoni wanted to be an accused

23 Nov 10:23
Ngqeza: Says there are three elements, the pre-agreement, the actual testimony and then the evaluation of said testimony

23 Nov 10:22
Ngqeza is addressing the court

23 Nov 10:22
Chetty asks if there is anything that he should consider in relation to Siyoni's status as a section 204

23 Nov 10:22
Chetty now turns to Ngqeza, who is representing Siyoni

23 Nov 10:21
Price objects: There is no evidence before the court to show accused 1 is a psychopath

23 Nov 10:21
Stander: In relation to Nenembe there is also the issue of robbery, which holds 15 years

23 Nov 10:21
Stander: The only proper sentence for accused 1 and 3, the only appropriate sentence would be life in prison

23 Nov 10:20
Chris is, as usual looking ahead of him, watching Stander as he reads from the case law

23 Nov 10:19
The court is packed, people standing and pushing each other for a spot to hear

23 Nov 10:15

The court is well aware of the case law dealing with contract killings, there are certain times when retribution and deterrent are the most significant aspect of sentencing

This is one of the cases where rehabilitation moves slightly down the list

23 Nov 10:14

I have heard the evidence from the family that he is a kind man, but the evidence before this court shows he has a very dark side

To stand up at a funeral and praise her and say that she was everything in his life, and then to watch the video

He falls closer to being a psychopath than a kind person

23 Nov 10:13

How tracks were covered

It is clear that Jayde had no opportunity to defend herself

I grow cold thinking what must have gone through her mind in the moments leading up to her death

This was a cold blooded, execution murder

This falls clearly into the realms of a contract killing

23 Nov 10:12

The facts before this court is that he paid for the rent of the vehicle on the 8th of April

He slept in the same house

He knew it was going to happen

It is extremely aggravating

The extent to which this plan was put in place and how it was supposed to be a robbery outside the Stellen Glen complex

23 Nov 10:11

It was a well planned murder

It was a plan that was followed

There is common cause that accused 1 (Chris) showed no remorse

23 Nov 10:11

Stander moves on to Nenembe and Panayiotou

This was a calculated, premeditated murder

What makes it worse is that there was more than sufficient time to reflect and withdraw from this plan for accused 1

23 Nov 10:09
My submission of a sentencing of 18 years in prison would be appropriate

23 Nov 10:09

Stander says accused 4 did more than just accept money

He was part and parcel of the scoutings and the murder took place

23 Nov 10:08
Stander also points out that accused 4's argument is flawed, in that there is no evidence that he withdrew from the conspiracy

23 Nov 10:08

Stander says conspirator is supposed to get the same sentence, however a lighter sentence is applicable if the conspiracy does not conclude

Stander says that in this case that is not the case

23 Nov 10:06
Stander starts with the conspiracy

23 Nov 10:06
Stander addresses the court

23 Nov 10:05

Daubermann refers to a case where a person was convicted of conspiracy, and was sentenced to 9 years with 2 suspended, which was reduced on appeal to 7 years with 2 suspended

I request that your lordship considers the above

23 Nov 10:04
Panayiotou family

23 Nov 10:03
Daubermann again refers to case law

23 Nov 10:03
An appropriate sentencing for conspiracy appears to be 4 to 5 years in prison

23 Nov 10:03
Accept for the purpose of sentencing that he withdrew from the conspiracy

23 Nov 10:02
On the states own case, accused 4 played no role in the act of murder

23 Nov 10:01
The proper approach would be the fact that the murder was indeed committed, but you cannot hold him responsible for the murder

23 Nov 10:01
Daubermann asks what would be a fair sentence for sentencing

23 Nov 10:01

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