Port Elizabeth – The defence team for murder accused Christopher Panayiotou on Tuesday told the Port Elizabeth magistrate’s court that the plot to kill Jayde Panayiotou was initiated by Luthando Siyoni.
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.
Read: 48 witnesses in Panayiotou murder trial
The state alleges that Sinethemba Nenembe assisted the alleged hitman Vumazonke to kidnap and kill Jayde at the behest of her husband.
During a bail application based on new facts at the Port Elizabeth magistrate’s court on Tuesday, Defence Advocate Terry Price, read out parts of Panayiotou’s 67 page affidavit.
He indicated that there were contradictions in Siyoni’s statements made to police at the time of his arrest.
Price accused police of “severely beating” a confession out of Siyoni who 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.
“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 me [Panayiotou] but himself as well,” said Price.
Price also questioned why Panayiotou’s touch DNA was not found on the alleged hit money. He said the docket revealed that forensics only discovered touch DNA of Siyoni, his girlfriend Babalwa and Vumazonke.
“They could not find my DNA anywhere on that money.If I did with the money as they claim why is it that my DNA is nowhere to be found?” I submit that this is proof that Siyoni’s claim, that I gave him money in the circumstances is false beyond all doubt. It is now becoming clearer that the plot to kill Jayde, may have been a plot initiated by Siyoni himself for reasons he will only know,” said Price.
Panayiotou’s affidavit further highlights 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.
“I was merely doing what police told me to do. Siyoni is the only witness who implicated me and by him doing so he escapes a life sentence..if he was not beaten, he would not implicate me..police abused the legal process..only after he implicated himself was he given a legal representative.”
According to Price, Siyoni is currently being detained at Humewood police station.
Price went on to further highlight “contradictions” made by Siyoni in two separate police statements.
Price said there was no evidence in the police docket that supported Jayde being pistol whipped on the head. He said there was no further evidence whatsoever of anyone placing Jayde in a boot of any car.
“We are unable to find where the state got any of this evidence since there is nothing like this in the docket.”
He further poked holes in the statement made by the investigating officer Kanna Swanepoel. Price questioned how Swanepoel came to the conclusion that Jayde was overspending and that Panayiotou was forced into buying a house against his will.
“Where does Swanepoel get this information from? It is clear that in the absence of anything in the docket…Swanepoel directly mislead the court into believing that I [Panayiotou] had a motive to have Jayde killed in that she was spending too much money and forcing me into buying a house.There is not an iota of admissible evidence anywhere in the docket supporting these defamatory claims not only about me but also about Jayde, who is anything but not a spender.”
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 Magistrate Abigail Beeton. In her reasoning, Beeton cited that Panayiotou had an inclination to conceal or destroy evidence.
On Tuesday, Panayiotou slammed police officials for having searched his house without his consent. His affidavit further highlighted that he was not given a right to an attorney at the time of his arrest.
Panayiotou once again complained about the conditions at St Albans prison and said that he wanted to be able to consult with his lawyers in an air conditioned room.
Price also went on to read affidavits provided by Panayiotou’s parents, Costa and Fanoula. They said that they loved Jayde and would make sure their son would stand trial.
“We are committed to PE, we derive our finances from our businesses in Port Elizabeth….We mourn Jayde’s death and we loved her dearly..We believe in Christopher’s innocence without a doubt.”
The court heard that since Panayiotou’s incarceration his businesses had been suffering in that one business had to be closed down and two properties had to be sold. The affidavit indicated that Panayiotou was not in possession of his Cypriot passport.
Price also said they wanted to look at the possibility of installing an ankle bracelet on Panayiotou if he were to be granted bail.
State Prosecutor Marius Stander made it clear that he would argue there were no new facts presented before court.
Magistrate Abigail Beeton postponed the matter until May 19.
African News Agency