Cape Town – A bail application brought on new facts for murder accused Christopher Panayiotou was on Thursday again postponed in the Port Elizabeth magistrate’s court.
The matter only got underway shortly after noon, following several adjournments which resulted in both counsel meeting in chambers with Magistrate Abigail Beeton with regards to documentation forming part of the court record.
Read: Panayiotou defence pins murder plot on witness
State Prosecutor Marius Stander asked for the matter to be rolled over until Friday so that he could prepare for certain affidavits to be presented before court.
Stander is yet to argue why he thinks no new facts were established in the defence’s case.
“It was my understanding that the heads of argument used at the appeal court in Grahamstown would form part of the documentation supplied to court. It is clear today [Thursday] that it does not form part of the record. I will now be placing a number of affidavits before court and then I will argue,” said Stander.
Panayiotou is accused of orchestrating the murder of his wife‚ Jayde, in April last year. It is alleged he paid a bouncer at his Infinity night club‚ Luthando Siyoni, to hire hitman Sizwezakhe Vumazonke to kidnap and murder Jayde.
The state alleges that Sinethemba Nenembe assisted the alleged hitman Vumazonke to kidnap and kill Jayde at the behest of her husband.
Earlier this week, defence advocate Terry Price poked holes at the state’s case and questioned the admissibility of Siyoni’s statements made to the police. Siyoni is now a section 204 witness. This means that the court will grant him full indemnity from prosecution if it deems his testimony honest and reliable.
Price accused police of “severely beating” a confession out of Siyoni.
“He had informed various police officers that he had been assaulted. In the statement, Luthando Siyoni told Swanepoel again that he was assaulted by police officers… I’m baffled that Swanepoel did not take any of Siyoni’s claims to be investigated and I’m equally surprised that he did not see that Siyoni was taken to a doctor for his injuries. It was clear that Swanepoel was more interested in pressurising Siyoni to implicate him [Panayiotou].
“Luthando Siyoni waived his right to an attorney until he had completely implicated himself in his meeting..and then returned to the police station giving the police more than enough evidence to arrest not only [Panayiotou] but himself as well,” said Price.
Panayiotou’s affidavit further highlighted that Siyoni was possibly linked to drug dealing. He indicated that the recordings of him allegedly discussing the hit on Jayde with Siyoni was meant to assist the police in that he was trying to squeeze information out of the bouncer.
This is Panayiotou’s third bail attempt.
He has been languishing at St Albans prison since his arrest last year. He was initially denied bail in the Port Elizabeth Magistrate’s Court and then again in the Grahamstown High Court where he appealed that decision.
His first attempt for bail was denied by Beeton. In her reasoning, Beeton cited that Panayiotou had an inclination to conceal or destroy evidence.
Meanwhile during Thursday’s court proceedings, Beeton gave a stern warning to anyone who portrayed misconduct or portrayed behaviour which amounted to contempt of court.
“I understand that both families are going through a difficult time…I won’t tolerate anyone to show conduct that is indicative of misconduct to this court,” she said.
It was not immediately clear which incident she was referring to.
Beeton postponed the matter until Friday so that she could peruse the record.
African News Agency