Panayiotou team change angers magistrate

Murder accused Christopher Panayiotou File photo

Murder accused Christopher Panayiotou File photo

Published May 20, 2015

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Port Elizabeth - A Port Elizabeth magistrate on Wednesday took it upon herself on Wednesday to postpone the bail application of murder accused Christopher Panayioutou 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 school teacher wife.

Port Elizabeth lawyer Theuns Roelofse represented Panayiotou in court on Tuesday, 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, whom according to her, did not file a notice of substitution with the court.

She asked Panayiotou whether the change had been canvassed with him and whether he knew what was going on. He responded to say he was trying to keep abreast of what was happening.

Roelofse then asked the court for an adjournment, saying that they had lengthy affidavits to read through that was given to them by the State. He said they needed time to study the contents of the affidavits before they could determine their position.

State advocate Marius Stander, however, requested the court to proceed with the matter. He argued that besides two affidavits, the remainder of the five affidavits, had been given to the defence timeously.

“One of the affidavits that were handed in this morning pertains to the allegation that involves a certain person visiting the accused in prison,” Stander told the court. “This person was traced late last night and that is why an affidavit in that regard 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.

Without going into any detail, 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.

“Next week the investigating officer and I will be tied up with various matters in the High Courts,” Stander said.

Roelofse objected to the affidavits being read into the record saying that he would have to object to certain points raised due to the abscence of Price.

Beaton slammed the defence, saying “what is happening here is unethical”.

“Nobody has given me a reason why Price is not available,” she said.

“I want you to understand one thing. In this bail court everyone has equal rights to have their matter heard. What makes your client’s rights more special and preferential than any of the other accused? This case has drawn a lot of media attention. I don’t want there to be a misconception that people who hire private council will have more rights than others. That is certainly not the case,” said Beaton.

After again requesting the matter to stand down till 2pm, 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 12:00 Panayiotou told Beaton he had consulted with his legal team and he had given Roelofse instructions to represent him regarding the two affidavits the state wanted two proceed with and for Price to proceed with the rest of the case.

In response, Beaton said she seriously doubted that Panayiotou could have given his council instructions in such a short space of time.

“I am going to remand this case until tomorrow when Mr Price is back. I am not comfortable with what is happening here,” said Beaton before remanding the case.

On Wednesday it will be exactly a month since Jayde disappeared. Her body was found dumped in the Rocklands area a day after her disappearance.

Panayiotou was arrested days after Luthando Siyoli, 31, a bouncer at a nightclub owned by Panayiotou, had been arrested. A third suspect, Sizwezakhe Vumazonke, 30, was arrested later. All three men have been charged with murder, kidnapping, robbery with aggravating circumstances and conspiracy to commit murder.

ANA

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