Surprise in Jayde case

Deputy Director of Public Prosecutions denies giving OK for sting operation

ASURPRISE witness shocked even his own colleague, state advocate Marius Stander, when he appeared in court, refuting claims by the state that he was consulted during a sting operation which ultimately led to the arrest of Christopher Panayiotou.

A Deputy Director of Public Prosecutions (DDPP) in the Eastern Cape, Advocate Selwyn Gounden – who oversees prosecution in the province related to organised crime – was called by the defence as a witness yesterday.

Gounden told the Port Elizabeth High Court that he had not been phoned by the police investigating the April 2015 murder of Uitenhage teacher Jayde Panayiotou, 29.

In addition, Gounden said while he could offer advice with regard to entrapments or sting operations, he did not have the mandate to authorise such an operation.

He said that was the job of his colleague and fellow DDPP in Grahamstown, Advocate Malherbe Marais.

Investigating officer Captain Kanna Swanepoel testified earlier this year that they had telephoned Gounden to get his approval for the sting operation.

The secret recording in which Panayiotou, 30, talks to self-confessed middleman Luthando Siyoni, seemingly about Jayde’s kidnapping and murder, was provisionally admitted into evidence following a lengthy trial-within-a-trial.

Defence advocate Terry Price SC said yesterday that Marais had declined to consult with them.

Gounden, meanwhile, was more than happy to testify without a subpoena.

Stander asked for the evidence of Gounden to stand down until today, so that he could seek the necessary permission to cross-examine him and possibly discredit him on the stand.

Meanwhile, Anthony Emmett, a regional manager for the OK franchise, said he had come to know the Panayiotou family because they owned the OK Grocer in Algoa Park.

Questioned by Price, he said any money or merchandise that went in or out of the store had to be accounted for. “The books must balance and if not, the money must be accounted for,” Emmett said.

He said the earnings were then deposited into a drop safe of which only the cash-in-transit company had the key.

Asked if he had ever seen large sums of money lying around the shop, particularly in the storeroom, Emmett said he had not.

“Every time I did checks and balances there was never any money missing.

“Large sums would not have been left in the storeroom as far too many people had access to it.”

It was alleged by the state that Panayiotou had paid Siyoni R80 000 for the hitmen to carry out the murder.

Some of the money was apparently kept in the shop’s storage room prior to it being handed over to Siyoni. Emmett said he had played a small role in the firing of state witness Mawonga Ndedwa.

Ndedwa had testified that Panayiotou, his boss at the time, had used his cellphone to contact Siyoni from time to time.

It later emerged that he was fired from OK for stealing.

“He told me that they [Panayiotou’s mom, Fanoula] would pay.

“He wanted money or he would take the phone to the police. I didn’t take it seriously,” Emmett said.

Price said they intended to call Panayiotou’s mistress, Chanelle Coutts, before closing their case, but her boss at the Algoa Park SPAR would only allow her leave on October 16.

Judge Dayalin Chetty encouraged the defence to try to arrange for her to be available before then.