African News Agency
PORT ELIZABETH: A Port Elizabeth magistrate took it upon herself yesterday to postpone the bail application of murder accused Christopher Panayiotou after there was a last-minute change to his legal team – a move which angered the presiding officer.
Magistrate Abigail Beaton postponed the bail hearing because she was “not comfortable” with the accused giving instructions to a stand-in attorney who had been brought in to represent him.
Panayiotou, 28, is applying for bail after being arrested and charged in connection with the kidnapping and murder of his schoolteacher wife.
Port Elizabeth lawyer Theuns Roelofse represented Panayiotou in court yesterday, on instruction of attorney Alwyn Griebenow, in the absence of his regular advocate, Terry Price.
When the case started, Roelofse informed the court that he would be standing in for Price, who was unavailable due to being out of town.
Beaton immediately said she was not happy with Price and the defence team, who, according to her, did not file a notice of substitution with the court.
Roelofse then asked the court for an adjournment, saying that they had lengthy affidavits to read through that were given to them by the State. He said they needed time to study the contents.
State advocate Marius Stander, however, requested the court to proceed. He argued that besides two affidavits, the remainder of the five affidavits had been given to the defence timeously.
“One of the affidavits that was handed in this morning pertains to the allegation that involves a certain person visiting the accused in prison,” Stander said. “This person was traced late last night and that is why an affidavit was only handed in today.”
Stander was referring to an allegation made by the defence that someone had visited Panayiotou in prison and that this person had allegedly told Panayiotou that he could make the case go away if he paid R40 000 to take out a State witness. Stander said the other affidavit had to do with information the State obtained from the Cyprian government.
Stander then asked the court to proceed by reading the State’s first two affidavits into the court record, citing concern that they would run out of time if they did not start with the State’s case immediately.
Stander wanted to start with the affidavit of the investigating officer, Warrant Officer Kanna Swanepoel, which appeared to be the lengthiest of the five affidavits.
Roelofse objected to the affidavits being read into the record, saying that he would have to object to certain points raised due to the absence of Price.
Beaton slammed the defence.
“Nobody has given me a reason why Price is not available,” she said. “What makes your client’s rights more special and preferential than any of the other accused?”
A visibly annoyed Beaton gave the defence until noon to state what their position was on whether the bail application could proceed.
When the court resumed at 12pm, Panayiotou told Beaton he had consulted with his legal team and had given Roelofse instructions to represent him.
In response, Beaton said:
“I am going to remand this case until tomorrow when Mr Price is back.”
Tomorrow it will be exact-ly a month since Jayde Panayiotou disappeared.
Panayiotou was arrested days after Luthando Siyoli, 31, a bouncer at a nightclub owned by Panayiotou, was arrested.
A third suspect, Sizwezakhe Vumazonke, 30, was arrested later.