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Panayiotou bail judgment postponed to June 4 - As it happened

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(Derrick Spies, News24)
(Derrick Spies, News24)
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27 May 2015

Matter postponed to June 4.

“It has been a lengthy application,” Beeton says.

Court has adjourned.

27 May 2015

Beeton has indicated that she would like to finalise the matter by Friday.

Addressing Panayiotou directly, she says she understands that he has been in custody for a long time.

27 May 2015

Beeton has indicated that she had hoped to finalise the case by this Friday, but that due to the last two days and the number of other outstanding judgements this is unlikely

She says she needs to apply her mind to what has been presented to the court.

"I'm not going to sleep," she says.

27 May 2015

Beeton is not happy with the back and forth.

Beeton asks "now what?”

Price chirps that it is now her turn to decide when she will hand down her judgment.

Price has indicated that Griebenow has "gone globetrotting" and that Price will not be available tomorrow and Friday.

27 May 2015

Price responds, saying that Swanepoel's statements are still false.

27 May 2015

Stander says it is important that the affidavit by Investigating Officer Swanepoel was submitted when Price was not in court, and that it was submitted before Panayiotou’s response.

He says this is crucial, as it means Swanepoel did not have access to the responses made by Panayiotou, so it could not be argued that Swanepoel is unethical.

27 May 2015

Stander interjects, and has asked for the court to indulge him for 2 minute.

27 May 2015

“Why did the defence advise Panayiotou not to disclose his Cypriot dual citizenship?” Beeton asks Price.

“This is absolutely shocking,” she says.

27 May 2015

Beeton says she has one question relating to Price's request for her to consider the State’s ‘flagrant misleading’ of the court as exceptional circumstances...

27 May 2015

And Price has concluded his rebuttal...

27 May 2015

Price now wrapping up.

He refers to a judgement attached to his heads, addressing the issue of schedule 6 cases.

27 May 2015

Journalists catch a small breather as Price continues to cite very technical case law.

27 May 2015

Price now referring to case law.

27 May 2015

Price says that someone in the prison community had phoned him and told him that his client wanted his services.

“The whole situation stinks to high heaven,” says Price.

27 May 2015

Tiervlei's affidavit is very vague, says Price, because he is talking absolute ‘hogwash’.

27 May 2015

Panayiotou’s attorney, Griebenow, brought the matter to the attention to the court.

27 May 2015

Tiervlei:

Price is now addressing the issue of Tiervlei, a man who is reported to have approached Christopher Panayiotou in St Albans and offered to have witnesses and evidence disappear.

27 May 2015

Price talks of how the State claims the accused has only got debt. He asks how is it then that he has R3.1m in assets?

27 May 2015

Price also points out that reference has been made to other shareholders, but says that these shareholders are in relation to BEE deals.

27 May 2015

Affidavits in front of the court say that Panayiotou runs the business and without him the businesses would fail.

27 May 2015

Panayiotou has been able to secure the services of a senior advocate and attorney, which indicates that he has means.

“I had to chuckle at all the speculation around my client’s business operations.”

27 May 2015

Panayiotou finances:

Price is now addressing the issue of the accused's financial status.

27 May 2015

“The State’s submission of ‘false facts’ were in and of themselves exceptional circumstances and should be considered in the granting of bail.”

27 May 2015

“You cannot falsify facts to keep a person in custody,” says Price.

27 May 2015

Swanepoel should have indicated that he was in fact not sure of the fact that Panayiotou had the passport and that he was following up to confirm.

27 May 2015

Investigating Officer’s statements Price is now challenging statements submitted by IO Kanna Swanepoel, saying that he made misleading statements.

Swanepoel, for one, stated as a matter of fact that the Cypriot passport had been obtained to avoid trial.

27 May 2015

When an accused submits his version of events and it is not challenged by the State it has to be accepted, he continues.

“90% of the submissions made by Christopher Panayiotou went unchallenged.”

27 May 2015

“It is the courts responsibility to look at what is the most probable,” Price tells Beeton.

27 May 2015

Price asks: How can the court find that the destruction of evidence of a sexual relationship, and removal of possible pornographic material from his phone was tampering with evidence?

27 May 2015

As far as the issue of interference with witnesses and destroying evidence, he has already addressed this issue in his heads of argument.

27 May 2015

Price argues that the recording of Christopher Panayiotou was entrapment, even though the State denies this.

27 May 2015

Price says that in their first affidavit, the state had denied that Siyoli had been made a section 204 witness; but that now it was coming out that Siyoli may well become a witness for the State.

27 May 2015

Panayiotou had 8 days, from the date of Jayde's murder to the date of his arrest, to access to his Cyprus ID card and flee, Price states.

27 May 2015

Price says he still has not heard why accused number 1, Siyoli, was taken to Fort Beaufort after his arrest.

27 May 2015

Price now referring to a book, Fruit of the Poisoned Tree wherein international fingerprint experts proved that a fingerprint had been planted.

He is not implying that the State has planted evidence.

But if Panayiotou believed the State had a strong case, he would make a decision to flee.

27 May 2015

Highlighting sections, he refers to how the evidence doesn't show that it was a murder or a hit.

Price says he has never met a prosecutor who has ever said he had a weak case.

27 May 2015

Price says the strength of the State’s case is not the be all and end all of whether bail should be granted or not, but it is just one aspect that needs to be taken into account.

Price says he is not going to get involved in a debate on the strength of case.

Price says one just has to look at the [video] transcript to realise that this does not show he was involved in the murder of his wife.

27 May 2015

'Lonely'

Price: Panayiotou has already indicated that he would prefer to be held in a communal cell as an individual cell is lonely.

27 May 2015

Price: While a single cell will be better than a communal cell, he has to deal with the solitary confinement.

27 May 2015

Price is addressing the issue of the conditions in the cell.

27 May 2015

Court back in session.

Advocate Price now addressing the court.

He says Stander has said so much he doesn't know where to begin.

27 May 2015

Stander says on a technical point, it is important to note that there is more information to cellphone than just the information given by the service providers, and that while a lot of data had been wiped, there is still a lot available and the State still has the middle man's phone.

Stander concludes. Beeton asks for a brief five-minute adjournment.

27 May 2015

“Although there has been a lot made about the admissibility of the video and audio transcript from the car, the state is confident that all the necessary procedures had been followed.”

It is also not the only evidence, he says.

27 May 2015

Stander points that the forensic investigation is also being conducted to determine touch dna on cash that had been in the possession of both Siyoli and Vumazonke.

Stander says there are also numerous witnesses that can also corroborate the State’s case of Panayiotou having an affair with Coutts.

27 May 2015

He goes further to point out that this evidence explains the various movements of the three accused.
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