BAIL BUNGLE PROBED
Authorities investigating how Jayde murder accused freed while on parole
MYSTERY surrounds how the suspected triggerman implicated in the abduction and murder of Nelson Mandela Bay teacher Jayde Panayiotou was out on the streets at the time – despite having allegedly violated his parole conditions.
The National Prosecuting Authority, police and Correctional Services yesterday launched an investigation into why murder accused Sizwezakhe Vumazonke, 30 – convicted previously of illegal possession of a firearm and ammunition – did not have his parole withdrawn three months ago after his arrest for armed robbery in December.
Instead, he was granted bail.
Officials also revealed that Vumazonke had previously been acquitted in a string of other cases, including hijacking and armed robbery.
Experts have slammed Vumazonke’s release as negligent and placed the blame on either the state prosecutors or police detectives.
Although Vumazonke’s lawyer claims he was not out on parole, Correctional Services provincial commissioner Nkosinathi Breakfast confirmed that he was definitely out on parole after spending 2½ years of a five-year sentence in St Albans Prison.
According to police, while Vumazonke was on parole, he was rearrested for allegedly attempting to rob Dale’s liquor store in Mount Pleasant in December.
Breakfast ordered a probe into why his parole was not withdrawn at the time of his arrest. “It is a violation of parole conditions. Our office was not told that he had been rearrested in December,” he said.
By last night, Breakfast said a preliminary investigation revealed that Vumazonke had given prison officials a false name to avoid detection when he was ar- rested in December. “We believe he gave us a false name when he was at St Albans waiting for his bail application.
“This allowed him to fly under the radar, undetected by our officials.
“Only when the police established his real identity from his fingerprints would we know who he is.
“But this is subject to the police or prosecutors telling us his real identity.”
Breakfast said once anyone on parole was arrested, the suspect was taken back into custody by Correctional Services.
“If the parolee becomes a suspect in a new criminal case, we temporarily suspend the parole pending finalisation of the case, and an investigation is launched,” he said.
“There is no system where the police know who is out on parole. Our systems are not linked. That is why our offices are usually contacted.
“If the police see someone has a criminal record, they contact us to ascertain if there is a violation of parole.”
Breakfast said Vumazonke was sentenced on July 15 2011 to five years in prison – of which he had served more than half in St Albans – for theft and illegal possession of a stolen firearm and ammunition. The crime occurred in Swartkops in 2008.
Vumazonke was granted parole in October 2013.
“His [Vumazonke’s] parole is only due to end in January 2016,” Breakfast said.
He said when Vumazonke was arrested in December for armed robbery, he should have been taken back into custody by Correctional Services.
“When he was arrested and profiled by the police, our offices should have been alerted. Once that is done, our office issues a report and takes the suspect back into custody at St Albans pending finalisation of the criminal case. The matter is also referred to the parole board.”
Vumazonke appeared in the Port Eliza-
‘ Our office was not told that he had been rearrested in December
beth Magistrate’s Court on Tuesday after his arrest at a tavern in New Brighton on Sunday.
His lawyer, Anne Swanepoel, said Vumazonke had previously been arrested in three other cases, including for armed robbery, hijacking and illegal possession of a firearm. In all three cases, he was found not guilty. “According to instructions from my client, he was not aware that he was on parole at the time of his arrest for the armed robbery. He is, however, aware that he had to sign in at Correctional Services offices every three months.”
Swanepoel, who also did the bail application in the armed robbery case in January, said she had disclosed his previous conviction to the court at the time and the state had opted not to oppose bail.
“He denies he was involved in an armed robbery,” she said. “I can only tell you what I have been told by my client.”
Swanepoel said Vumazonke’s family did not want to comment.
“I can say that a bail application will be brought to court soon. We will not tell the media when the application is going forward as we do not want it in the media.”
Jayde’s husband, Christopher Panayiotou, 28, who is facing several charges in connection with her abduction and murder and is being held at St Albans Prison, is also planning to apply for bail within the next few weeks.
Correctional Services expert Dr Lukas Muntingh said one of the major issues within the system was that the Correctional Services computer systems were not synced to the police and court systems.
“There is negligence here. It would appear someone did not do their homework before going to court,” he said.
“In this case, little blame would lie with Correctional Services.
“Ideally, the police – or even the prosecutor – should have informed Correctional Services of the suspect’s arrest.
“Correctional Services would only pick up on the arrest down the line as there are no systems in place for them to be alerted straight away.”
Muntingh said the police were responsible for supplying the prosecutors with Criminal Record Centre reports that should be tabled before the courts so that an informed decision could be made.
“It is difficult to say in this specific case what happened,” he said.
“Often on arrest, suspects give wrong names and details. This is why the police take fingerprints and draw the accused’s criminal records, which should be provided in the bail application. If they see on the record that he was sentenced but is not in custody during the period of the sentence, they should have contacted Correctional Services to establish if he was on parole.
“If you are arrested while on parole, your parole should get forfeited and the various Correctional Services boards convene to investigate.”
Muntingh said the court should have verified whether he was on parole or not before making a decision.
“The courts should have explored the possibility of him being on parole.
“The courts should have asked for a Correctional Services report and taken the bail from there.”
Police spokeswoman Brigadier Marinda Mills said an investigation into the issue had been launched.
National Prosecuting Authority spokeswoman Bulelwa Makeke failed to comment by the time of going to print.
The first suspect arrested in connection with Jayde’s murder, Luthando Siyoli, a bouncer at Panayiotou’s Infiniti Cocktail Bar and Eatery in Algoa Park, is due to appear in court today.
On Monday, it emerged that R30 000 had been paid to alleged middleman Siyoli, 31, which was confiscated by police when they raided his Kwazakhele home.