Grahamstown - The defence counsel for Christopher Panayiotou, the man accused of masterminding the murder of his school teacher wife, on Monday brought an application before the High Court in Grahamstown to gain access to the statements of three key State witnesses.
Panayiotou’s lawyers made the application during his bail appeal.
One of the statements is that of Panayiotou’s lover Chanelle Coutts, while a second statement belongs to that of the State’s key witness Luthando Siyoli, who was allegedly tasked by Panayiotou to organise the killing of Panayiotou’s wife Jayde in April.
The defence also want to examine the statement made by Coutts’s best friend, Clarissa Kapp.
During the bail application in the Port Elizabeth Magistrate’s Court. it came to light that Coutts would testify as to the direct motive for Jayde’s killing.
Defence advocate Mike Hellens told the court it would not be unreasonable for them to obtain the statements to see if this was in fact the case.
Hellens said it was strange that Siyoli was taken to Fort Beaufort to be detained, and that the police took him away for seven to eight hours before he was booked into the cells.
He further claimed that Siyoli had a swollen left eye before he made a confession to to the police.
Judge Glen Goosen asked Hellens why they were only asking for these statements now, considering their notice to appeal was lodged in June already.
Senior State advocate Marius Stander argued against giving the defence copies of the statements of the three State witnesses.
Stander said Panayiotou’s legal team was embarking on a “fishing expedition”.
He said the defence was trying to convince the court that there was new evidence when there was not.
He cited case law which prescribes that any new facts pertaining to a bail application should be placed before a magistrate.
“There is no room for this court to deal with new facts. The court should not entertain this application here,” said Stander.
Stander said he had never denied that Siyoli would be a State witness. He further said he had not seen an injury to Siyoli’s face.
Goosen agreed, saying he could not see any injuries in the photograph handed up to the court by the defence.
Stander said the statements by Coutts and her friend were at the heart of Panayiotou’s bail hearing.
“Why did they not bring the application right then and there at the bail hearing?” Stander asked.
Goosen was due to decide whether or not to grant the application.
Panayiotou and his two co-accused Luthando Siyoli and the alleged hitman Sizwe Prince Vumazonke, were arrested shortly after the murder. It is alleged that Panayiotou hired Siyoli to kill Jayde. According to the State, Siyoli in turn allegedly hired Vumazonke to pull the trigger.
Jayde’s body was found near Uitenhage a day after she went missing in April. She had been shot several times.
ANA