Port Elizabeth - A sangoma who is also the aunt of Jayde Panayiotou’s alleged triggerman, Sizwezakhe Vumazonke, on Monday told the Port Elizabeth High Court that she felt “unwell” and “shocked”, after her nephew visited her at her home in Kwanobuhle during April 2015.
Zoleka Zekani was called to the stand as a witness on the fourth day of the murder trial against Christopher Panayiotou and his two co-accused Sinethemba Nenembe and Zolani Sibeko. The State alleges the Uitenhage school teacher was shot twice through the back and once through the head.
Vumazonke has since died after a short illness while at custody at St Albans prison. The details surrounding his toxicology report have not yet emerged.
In giving evidence Zekani told Prosecutor Marius Stander that Vumazonke had come to her home a week before she gave a statement to police during April 2015.
She said at about 7am she was in bed with her husband when they heard a knock on their bedroom door. Zekani said it was cold that morning and when she saw Vumazonke he was “shivering” and his hands were “shaking”.
Zekani then went on to explain that Vumazonke had asked her to “wash him” but she declined upon hearing what he had told her.
“Because of shock I went to the kitchen to get water for myself,” said Zekani.
She said she then went outside the house and noticed a bag which contained a laptop and books. She said she asked Vumazonke questions about the bag but he put it on his shoulder and left.
According to the State, shortly after Vumazonke pulled the trigger he visited a sangoma (traditional healer) to be “cleansed”. He had in his possession Jayde’s bag and laptop.
Stander has previously said that Vumazonke’s visit to a sangoma was directly linked to police arresting him upon his return to Port Elizabeth from Cape Town.
During proceedings on Monday, the State made an application in terms of section 3 Law of Evidence Amendment Act – this in order for the court to hear Vumazonke’s utterances made to his aunt.
“I know that it is hearsay evidence, and hearsay is inadmissible but section 3 does allow for the certain circumstances whereby hearsay can be heard.The nature of the evidence will not have any direct implication on the accused before the court,” said Stander.
But both Advocate Terry Price and Advocate Peter Dabermann argued their clients would be prejudiced if hearsay evidence were to be allowed.
“The prejudice must be looked at, Sizwe is not present, we will challenge Zekani. I have it on good authority that had Vumazonke been here, his attorney would have challenged this, and would have challenged that he had never been there…you can say what you like, whatever Stander says, this is a confession, it’s too dangerous,” said Price.
Daubermann argued that any “likely prejudice” against the accused was not allowed.
“We wont be able to test the credibility of this [hearsay] evidence,” Daubermann argued.
After going through Zekani’s statement Judge Dayalin Chetty dismissed the State’s application.
It is alleged that Panayiotou paid Siyoni, a bouncer from his Infinity nightclub, to hire hitman Vumazonke to kidnap and kill Jayde.
The State alleges that Nenembe assisted Vumazonke to kidnap and murder Jayde at the behest of her husband.
Siyoni has since turned States witness.
The State alleges that as early as April 22, the day Jayde’s body was found, Siyoni and Jayde’s husband were identified as suspects.
Sibeko was the last person to be arrested, 15 months after the alleged murder, he has apparently been linked through cellphone mapping to being present outside Jayde’s Stellen Glen complex in the days before her murder. However, his exact role in the events are still unclear.
The accused face charges of conspiracy to commit murder, murder, kidnapping, robbery with aggravating circumstances and unlawful possession of firearm and ammunition. The men have pleaded not guilty to all the charges against them.
Panayiotou, who was arrested shortly after his wife’s murder, faces an additional charge of defeating the ends of justice.
The trial continues on Tuesday.
African News Agency