Sprinkles late. Morning clouds. Mild.
Court proceedings in the ongoing trial of Christopher Panayiotou and his co-accused have continued in the Eastern Cape High Court in Port Elizabeth, following an early court adjournment to allow the defence consultation time.
PD: I can't make such a commitment today.
Chetty: Court is adjourned to Thursday 9:30.
TP: I then request time.
[TP points out he will not be available tomorrow].
[Stander asks if they could give an indication as to whether they would bring an application for aquittal].
TP: No application from them.
TP: I'm a bit shocked my lord, we were expecting Mr Swanepoel.
TP: If I may request, now that the state has completed their case, may I now consult with Chanelle Coutts?
[Chetty grants leave for him to consult].
MS: And in the last one, three of the four have been dereigistered?
MS: No further questions.
MS: That is the state's case my lord.
[Murmurs through the courtroom].
[MS deals with RICA exhibit handed in by defence].
MS: If we can go back to exhibit EK1
MS: If you look at the RICA documents, they were both RICAed, but were also re-registered on two occasions.
SB: It appears so.
MS: In the second document, each time the phone is deregistered as well as RICAed, except in the last instance where it was not.
SB: That is correct.
PD: And he wasn't in the room?
SB: The room was quite small and had a double bed, so he was standing outside.
PD: He didn't see you take the cellphone?
SB: He was in the passage way, she was leaving the room when I asked her where she was going.
SB: He would have seen me recover the phone.
PD: No further questions.
SB: I was out of sight of captain Swanepoel.
PD: So he wouldn't have seen you inform the accused of his rights?
SB: I don't think he could have seen me.
PD: And where was he when you were looking for the cellphone?
SB: I handed Sibeko over to him and then went into the room where the phone was.
PD: Where was captain Swanepoel when you arrested accused 4 and read him his rights?
SB: Captain Swanepoel was in the TV room or Dining room if I'm not mistaken.
PD: Where were you?
SB: I was in the en suite of the main bedroom, it is down a long passage.
SB: I asked her where she was going and she turned around and said I have nothing to hide and opened her gown.
SB: At that point of time I could clearly see the screen of the phone light up, and it was the phone that Swanepoel was ringing.
PD: And she then gave you the phone or did you take it?
SB: She gave it to me.
PD: You say you couldn't find the phone and asked Swanepoel to ring the number.
SB: I asked him to call the number to see if we could hear it ringing.
SB: We could not hear the phone ringing, but heard it was not switched off.
SB: There was an elderly woman in the room and she started leaving.
PD: You had the number, but you personally didnt know who the number beolnged to?
SB: I had the number from Swanepoel.
PD: You had no evidence as to who the number belonged to?
SB: Other than the phone call where he gave me his name, surname, address and number.
PD: The question is very simple, did you offer him the services of an attorney or not?
SB: I did not.
PD: Why did you not ask him why he didn't want the services of an attorney?
SB: I had informed him of his rights and what I was arresting him for, I would assume he would say yes, I want an attorney.
PD: And he was in a shocked state?
SB: He appeared shocked.
PD: Did you ask him if he wanted an attorney?
SB: I informed him of his rights and he remained silent.
PD: And he said?
SB: That it was in his room.
PD: And that was all?
SB: It all happened within a minute or so.
PD: Did he respond?
SB: No he did not.
PD: Did you ask him anything further?
SB: I was looking for the cellphone, and asked him.
SB: That he had the right to an attorney.
PD: Is that all you told him?
SB: That is all.
PD: Did you record that you had warned him of his rights?
PD: What did you say to him?
SB: I introduced myself to him and told him he was being arrested for the murder of Jayde Panayiotou. That he had the right to remain silent.
PD: did you warn him of his rights?
PD: Did you make use of an interpreter?
PD: I want to go to your evidence you gave yesterday.
[PD Reads from the record wherein Bosch spoke about the searching of the house and where he had found Sibeko in the main bedroom].
PD: Is that the correct sequence of events?
[PD Calls up a map on the screen. Shows the two addresses on the map].
[PD shows a route between the two addresses on the map].
[PD shows that, in travelling between the two residences, Mr Sibeko would be travelling past the deceased's residence].
PD: And the two addresses were [gives addresses]
SB: Says the address given in Zwide was not visited on the day of the arrest.
PD: You are obviously familiar with the PE area?
PD: Was it your intention to arrest him on that day?
PD: So before you went to visit either of the two residences, it was already your intention to arrest him?
SB: We were going to arrest him and then interview him.
SB: Sorry, it was in fact the 17th of July 2016.
PD: Are you sure?
SB: Yes, it is here, this is the date he was warned of his rights.
PD: When you arrested him, were you looking for him, or his cellohone, or both?
[The reference is to Mr Sibeko, who was arrested in 2016].
PD: What date did you arrest my client?
SB: If I am not mistaken the 27th July.
PD: According to Captain Swanepoel, it was the 17th of July.
SB: If I can refer to the case docket.
PD: Have you had incidents where you are searching for a particular cellphone number, and it's registered to someone, when you trace it, it is being used by someone else?
SB: Myself no, normally we trace the handset, not the SIM card.
PD: So a person who wants to get rid of their cellphone SIM card can sell their SIM card?
PD: And have you experienced this?
SB: I have had this experience.
SB: It is known that you can get a SIM card that has already been RICAed for R5 in the townships.
PD: So you can get a RICAed SIM card for R5?
PD: You say that people involved in crime tend to change there numbers?
PD: When a person doesn't want to continue using a certain number attached to a SIM card?
SB: It gets thrown away and a new SIM card gets bought.
PD: Do you agree that, these RICA documents show that different people were using these cellphone numbers at different times?
SB: If I look at these details and see details that are Potentially false, I cannot agree with that statement.
PD: I will leave it and argue that later.
PD: When you see the names change, does that mean that the number has been transferred?
SB: It could be that someone else is using the phone, or the person has falsely changed the name registered to the phone.
PD: If you are using the same SIM card on a regular basis, there is no need to change the registration details.
SB: From my experience, persons who are involved with crime normally don't keep their cellphone numbers for a long period of time.
PD: If we go to 3 July 2014, it was registered to another.
PD: And Mr Nenembe doesn't appear here?
PD: Let us go to the RICA documents of Mr Nenembe.
PD: When was this no first SIM card RICAed?
SB: 23 Jan 2013.
PD: and who is that?
SB: Reads name, says it appears false looking at the ID number.
PD: How does that happen?
SB: I would like to know myself, I really don't know.
PD: Two of the names are duplicated. Do you know how that could be?
PD: The first is, as you pointed out 17 February, the last 2014.
PD: Mr Sibeko's name does not appear there, do you agree?
SB: This would be, in my opinion, one of those false RICAs, as you can see there is a false subscriber name.
PD: [Calls up RICA details of Mr Sibeko].
PD: When was that cell no first registered?
SB: I'd say 17 February 2010.
PD: I'm not going to go through it all, but there are several names in the third column given as the subscriber.
PD: The law also says that if you hand your SIM card to someone else, you have to transfer the card's RICA details.
PD: If I can show you this exhibit, that refers to the RICA details of Vumazonke's phone.
PD: Shows that the phone was RICA'ed to a different person.
PD: And when you register you have to use proof of address and an ID document?
PD: You have already said that in practice you have found that this is not the case.
PD: Can you explain to his lordship what the RICA details of a cellphone is?
SB: Every law abiding citizen is supposed to have their cellphones registered to a particular person, but what we have seen in practice is that this is not the case.
PD: So according to law, every cellphone has to be registered to a person?
PD: And you have investigated thousands of cases?
PD: And in the course of your duties you have traced cellphone numbers?
PD: And your job is to combat crime?
PD: And one could say you are a very qualified detective?
SB: Based on my years of experience one could say that.
PD: And you are attached to the Hawks?
SB: Organised Crime.
PD: Also known as the Hawks?
PS: And you are now a detective?
PD: And how long have you been a detective?
SB: Since 1996.
MS: The state calls Shane Bosch to the stand.
PD: How much experience do you have?
SB: I joined the SAPS in 1989, so 28 years.
MS: I apologise for the delay, I believe one of the accused arrived late.
Panayiotou co-accused's prize turned out to be an arrest warrant
The Eastern Cape High Court in Port Elizabeth has heard how one of the co-accused in the Christopher Panayiotou case was tricked into giving his details to the police.
Panayiotou and his co accused, Sinethemba Nenembe and Zolani Sibeko, are facing charges of conspiring, kidnapping, robbing and killing Jayde Panayiotou.
She was abducted outside her townhouse complex in Kabega Park and later murdered in a field near KwaNobuhle on April 21, 2015.
A fourth suspect, Sizwezakhe Vumazonke, the alleged hitman, died before the trial began. State prosecutor Marius Stander called warrant officer Shane Bosch to testify.
Bosch had previously testified in the trial within a trial relating to the admissibility of the video between Panayiotou and alleged middleman Luthando Siyoni.
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