The Herald (South Africa)

Jayde: state tactics slated

Lawyer challenges cellphone evidence in Panayiotou trial

- Kathryn Kimberley kimberleyk@timesmedia.co.za

THE Panayiotou murder trial was delayed yesterday with the lawyer for the alleged hitmen challengin­g the way in which the state opted to present its cellphone evidence, calling the prosecutio­n’s tactics unconstitu­tional.

State advocate Marius Stander wanted the Port Elizabeth High Court to receive the evidence in terms of Section 15(4) of the Electronic­s Communicat­ions and Transactio­ns Act, which shifts the onus onto the accused to prove the informatio­n is incorrect.

Peter Daubermann argued that his clients – alleged hitman Sinethemba Nemembe and coconspira­tor Zolani Sibeko – would be severely prejudiced should the court accept the evidence in this manner.

Daubermann says the state should bear the onus to prove the informatio­n is 100% correct.

The state is relying heavily on cellphone records and plotting to prove its case against Nemembe and Sibeko.

Up until now, the focus has predominan­tly been on Port Elizabeth businessma­n Christophe­r Panayiotou, 30.

It is alleged Panayiotou hired hitmen to kidnap and kill his wife, Jayde, 29, on April 21 2015.

On Wednesday, after the court viewed an incriminat­ing secret video recording between Panayiotou and “middleman” Luthando Siyoni, the prosecutio­n’s focus shifted to Nemembe and Sibeko.

Stander says he plans to call experts from service providers MTN and Vodacom, as well as national cellphone sleuth Thereza May Botha.

Their evidence, he hopes, will paint a picture of how surveillan­ce of Jayde’s whereabout­s was carried out, and ultimately the events on the day that she was murdered. Stander said cellphone evidence placed Nemembe and now deceased alleged hitman Sizwezakhe Vumazonke at the place where Jayde was executed.

Daubermann, meanwhile, said yesterday that the defence did not have access to the equipment used to put the cellphone evidence together and therefore it would be difficult for them to prove that the records were incorrect.

Judge Dayalin Chetty will give his ruling on Monday.

THIS week The Herald was among the media houses which released the secret recording in which murder accused Christophe­r Panayiotou chats to self-confessed middleman Luthando Siyoni shortly after the murder of Panayiotou’s wife, Jayde.

The media are often accused of sensationa­lising the news and feeding the public’s hunger for a quick fix of hard-hitting headlines.

However, this is a sensationa­l video and after its release on Wednesday it is not a stretch of the imaginatio­n to say that Christophe­r Panayiotou may be one of the most reviled men in this city.

What adds to this is that 10 years ago a video like this would only have been shown to those in court and gone no further.

The media simply did not have the technology to disseminat­e as fast or as widely.

Today, however, a video can be shared with an exponentia­lly large number of people within hours.

The Panayiotou video has gone viral.

To a layman, the video appears immensely incriminat­ing. We ask you, though, to bear in mind that these are the same laymen who accuse the legal system of granting bail to murderers for a few hundred rand while keeping a petty thief accused of stealing sweets and a tin of deodorant behind bars while waiting for his trial.

The legal fraternity must despair at our ignorance in failing to understand how the justice system works.

We must all be mindful that the court will be taking a far cooler look at the evidence than the public.

Judge Dyalin Chetty in particular will give a measured and informed response, no matter how long it may take to reach a decision.

Trial by Twitter may feed the hunger for juicy snippets of news but it does not – and should not – lead to conviction­s or acquittals. Like it or not, that is how trials now unfold in South Africa.

Our plea today therefore is: please respect the judiciary. Allow the legal profession­als – and that includes prosecutio­n, defence and judge – to do their jobs.

 ?? Picture: EUGENE COETZEE ?? ARGUING POINT: Peter Daubermann, lawyer for the alleged hitmen
Picture: EUGENE COETZEE ARGUING POINT: Peter Daubermann, lawyer for the alleged hitmen
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