15 years could be minimum sentence if guilty

CHRISTOPHER Panayiotou – the man accused of orchestrating his attractive young wife’s abduction and cold-blooded murder – could face a minimum sen- tence of 15 years behind bars if found guilty of the murder.

This is not accounting for the other charges he faces.

He could also spend weeks behind bars until he appears again in the Port Elizabeth Magistrate’s Court – depend- ing on if, or when, his defence applies for a formal bail hearing, and the date set. His next court appearance is scheduled for June 19.

A prosecutor, who declined to be named, said a formal bail application would have to be brought before Panayiotou could be considered for release.

“This is a Schedule 6 offence and the onus is on the defence to prove that exceptional circumstances exist and that

his release would be in the interests of justice.”

Criminal defence attorney Danie Gouws said Panayiotou’s defence could wait for the police to finalise their investigation before applying for bail.

“The defence could wait to see what evidence the state has and try to find a weakness in its case,” he said.

“This could present an opportunity for them to attack the case and attempt to get him released on bail.”

Gouws said negotiations for bail conditions would usually start after an accused’s first court appearance.

He said the defence had just as much work to do as the state if they wanted to apply for bail.

“Evidence presented in a formal bail application is admissible during the trial.

“If either side could prove evidence wrong now, or discredit witnesses at this stage of the case, it could cause major problems for the other side when the trial kicks off.”

Unless a special application is brought for Panayiotou to be held elsewhere, he will be kept among other suspects in the awaiting-trial section at St Albans Prison.

According to the unnamed prosecutor, Panayiotou could be transferred to a police station in the city should either the defence or the investigating officer believe he is in danger at the prison.

The prosecutor said an application could be brought either to keep him in a single cell or have him transferred to holding cells at a police station.

If such an application was brought, the commander of the police station would have the final say as to whether the accused would be held there.

Gouws said the strength of either side’s case would only be seen as the case progressed.

“It is, however, important to remember that an accused is innocent until proven guilty.

“The public has become very emotional about this case and many rumours are doing the rounds.

“It would be best if everyone takes a step back and waits for the justice system to take its course.”

Gouws said questions about a sentence were difficult to answer.

“If found guilty of murder, the minimum sentence is 15 years unless there are compelling circumstances.

“Of course, if he was found guilty of murder, the state would probably ask for life,” Gouws said.