As it happened: Tears and drama as Panayiotou case continues

2016-10-17 09:42

The murder trial of Christopher Panayiotou and two other accused has continued in the High Court in Port Elizabeth.


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Last Updated at 18:31
17 Oct 15:11

Chetty: Court is adjourned

17 Oct 15:10

MS: I ask that we stand down till tomorrow

17 Oct 15:10

MS: As you wish, my Lord

17 Oct 15:10

Chetty: I will not allow the statement

17 Oct 15:09

Chetty: Perhaps I should look at the statement then                        

MS: I do have a copy available.                        

TP: We have no objection, we think it is a good idea                        

Stander hands it up.

17 Oct 15:05

Chetty: What you are objecting to, is the statement from the deceased accused

PD: Yes my lord

17 Oct 15:03

PD: If there is any chance of prejudice, then it should not be submitted

17 Oct 15:01

PD: This is a red herring. He somehow wants to use this evidence against the other accused as he wants to use it against them                        

The purpose for which he wishes to use the evidence is irrelevant.

17 Oct 15:00

Peter Daubermann, for Nenembe and Sibeko, rises.

Can I ask that the content of the statement be placed before the court?

17 Oct 14:59
Chetty: In light of the hearsay act and in terms of the admisability it doesnt have to

17 Oct 14:58

TP: It is too dangerous

Court needs to consider it carefully.

17 Oct 14:55

TP: You can say what you like, whatever Stander says, this is a confession

17 Oct 14:55

TP: There isn't anything that shows that this led to the investigation went anywhere.                       

It certainly paints a picture, looking at the allegation of common purpose.

17 Oct 14:53

TP: This is another attempt to patently submit evidence before the court that is inadmissable

17 Oct 14:53

TP: I have it on good authority that, had Vumazonke been here, his attorney would have challenged this, and would have challenegd that he had ever been there.

17 Oct 14:52

Judge Chetty: Mr Price, given the circumscribed nature of this what are your objections.


17 Oct 14:50

MS: It is therefore that the argument that it will attract prejudice is extremely thing.                        

I request the court to allow that evidence                        

And that is only pertaining to this witness in twofold: Once to when he spoke to her in the house and secondly when she asked him about the laptop bag and books.                        

Those are my submissions

17 Oct 14:48

MS: As indicated previously this does not go to any of the accused before court. I can give the court an undertaking that there is no way that this witness in the witness box is going to make an allegation against anyone in the dock.                        

Therefore there can be no prejudice against Accused 1, 3 or 4.

17 Oct 14:47

MS: However, in this case, the probative evidence relies solely on the evidence presented by this witness to the police.                        

And therefore I request the court to allow the hearsay evidence as it will be in the interest of justice.

17 Oct 14:46

MS: More specifically it was used to corroborate evidence to implicate the accused before court                        

MS: And that is not the case in this specific scenario

17 Oct 14:45

In most cases where hearsay evidence has been excluded it is where the State has tried to lead hearsay evidence to corroborate other elements in the State's case.

17 Oct 14:43
MS: The probative value of the evidence does not depend on Vumazonke, but it depends on the witness who is in the witness box.

17 Oct 14:42

MS: The State does not even intend to rely or even to ask the court to make a finding on the matter as to whether the words from Vumazonke is, in fact, the truth.

The state wants to lead this evidence in order to show the chain of events that started from there.

17 Oct 14:39

MS: At this stage, I wish to bring an application in terms of section 3 of the hearsay act, in the hearsay evidence to hear Sizwezhake’s words                        

MS: I know that it is hearsay evidence, and hearsay is inadmissble but section 3 does allow for the certain circumstances whereby hearsay can be heard

MS: The nature of the evidence will not have any direct implication on the accused before the court

17 Oct 14:38

MS: And the police took a statement from you                        

ZZ: Yes                        

MS: Did the police ask you to do something?                         

ZZ: They left their telephone number with me and asked me to give them a call if he arrives there

17 Oct 14:36

ZZ: I phoned his sister, but I could not get hold of them on the phone. Their phone was on voicemail and I was unable to get hold of them. I then phoned my cousin cause she was not feeling well                        

MS: And you told her what happened                        

ZZ: Yes

17 Oct 14:35

ZZ: I went inside the house. I asked him, what bag is this                        

MS: You don't have to tell me what he answered                        

MS: Did the bag stay there                        

ZZ: When I asked him about the bag, he took bag, put it over his shoulder and left

17 Oct 14:34

ZZ: I went outside the house to a water tap inside the yard to get water. When I went outside I saw a bag outside.                      

I went to the bag and opened the bag and I looked inside.                        

It looked like there was a laptop and books inside.

17 Oct 14:33

Prosecuter Stander continues.

MS: Ok so what did he want                        

ZZ: He did not want anything from me                         

MS: And then what happened                        

ZZ: Because of shock I went to the kitchen to take water for myself

17 Oct 14:32

Terry Price, for Christopher Panayiotou, objects.

Chetty: I will allow the evidence for now, I will deal with the relevance at a later stage.

17 Oct 14:31

ZZ: He was shaking and shivering his hands were shaking                        

MS: Was it cold that morning                         

ZZ: Yes it was cloudy

17 Oct 14:30
MS: What did you see, don’t tell me what he said what did you see?

17 Oct 14:30

She says she was still in bed when he arrived. Her husband opened the bedroom door when Sizwe knocked.

17 Oct 14:28

MS: Take you to the day Sizwe came to you, do you remember what happened on that day                        

ZZ: Yes it was on a Tuesday                        

MS: I don't want you to tell me what Sizwe told you                        

MS: We will get back to that in a minute                        

MS: What happened that day, can you tell us in your own words

17 Oct 14:27

MS: How long before you made the statement did you see him                        

ZZ: A week before the detectives came

17 Oct 14:25

MS: In April you made a statement t the police                        

ZZ: Yes                        

MS: Can you remember that statement                        

ZZ: It was on a Tuesday during the month of April                        

MS: I want to ask you, how long before that did you see Sizwe

17 Oct 14:23

MS: Now Sizwe Vumazonke, do you know him                        

ZZ: He is my sister's child

17 Oct 14:22

Vumazonke died in September.

17 Oct 14:21

Zoleka is the traditional healer that Vumazonkhe visited after the alleged murder.

The judge tells her to speak up.

17 Oct 14:19

Judge Dayalin Chetty says the witness may be called.

17 Oct 14:19
Prosecuter Stander says he is calling the witness to give evidence as to what led to the arrest of Vumazonke

17 Oct 14:18

Terry Price, for Christopher Panayiotou, sStands and objects as he says that  Zoleka Zekani’s testimony is against Sizwezakhe Vumazonke, who is not in front of the court.

17 Oct 14:16

The State calls Zoleka Zekani.

17 Oct 14:16
Court is back in session after lunch

17 Oct 14:09
Christopher Panayiotou, Sinethemba Nenembe and Zolani Sibeko in court. (Picture: Werner Hills, Netwerk24)

17 Oct 14:04
Murder accused Christopher Panayiotou was not in love with his mistress, contrary to what she or her best friend might think, the Eastern Cape High Court in Port Elizabeth heard on Monday.

17 Oct 12:32

Court is adjourned for lunch.

17 Oct 12:32

No further questions.

MS: Can I ask for an early lunch adjournment?

17 Oct 12:31

MS: Who was the first police officer to call in the support services                        

AV: It was myself                        

MS: During the time you were there was the scene ever tampered with                        

AV: No

17 Oct 12:31

MS: Is it correct you were involved in the search for Jayde                        

AV: That is correct                        

MS: We have just heard evidence that Mr Mbini was the first to find the body                        

AV: That is correct

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