As it happened: Judge loses patience with witness in Panayiotou trial

Court is adjourned to 09:30 on Thursday.

MS: Please can we warn the witness she must be here at 09:00 (Thursday)?                       

Terry Price: And to go further my lord, that she is not to discuss the case with anyone, including the police.   

Chetty warns the witness

MS: At the bottom of the statement: prior to signing this I was given the opportunity to read it through and I was satisfied by the manner in which it was recorded.                       

BB: No

MS: We went to her house to collect the money. We then went to Kabega Park.                       

BB: Yes                       

MS: Luthando took her cellphone on Sunday. Breakfast said he took her phone because he had lost his and he put his SIM card in it.                       

BB: No I didn't say that.                       

MS: The gym bag is Luthando’s.                       

BB: Yes

MS: We went to her house to collect the money. We then went to Kabega Park.                       

BB: Yes                        

MS: Breakfast told Siyoni she had taken the money from his home because his house didn't lock and when the police came to get the money from her house it wasn't there. She says that the money was taken by her cousin Titi, who gave it to Sakumsi to keep.                       

BB: Yes

Stander reads how the police came to her the same day and how she went with them.                       

BB: Yes I did say that.

Stander reads how she says she counted out the money into ten thousand rand and placed the money in her socks and put it back int the bag.                       

BB: Yes I did say that.

MS: On Monday the 27 of April, I was in Luthando’s room, and I had just woken up when I saw the same bag that had the money. I saw the bag behind behind the couch. I opened it and saw there was money inside the bag and the money was in notes.                       

BB: No

Stander picks up the pace. 

MS: I handed over the R50 000 to him and he left the bag with an unknown amount of cash with me and I saw him leave in a white car.                       

BB: I never said that

Terry Price, for Panayiotou, asks that the entire sentence be re-read.

MS: Early the following morning, Tuesday 21 April, Luthando knocked and I opened for him and Luthando said I must give him the R50 000.

BB: I never mentioned it to the police, because I never talked about R50 000.

MS: When I got home I went to the bedroom with the bag.                      

BB: I didn't say it

MS: Luthando told me not to sleep in his house that night and he said I must phone at my house and ask my family members to come and fetch me and the money.                       

BB: I did not say this

Stander reads on.

MS: And he entered the room and put the money in the black gym bag which was inside the room and he then asked me to count an amount of R50 000 and put it aside and leave the rest of the money in the bag.

BB: I never said that

MS: I was sitting with my boyfriend, Luthando and I heard a sound of a car stopping outside and Luthando then went outside and four minutes later he came back with into the room and he came back with money in his hands and the money was in notes.                       

BB: No I did not say that.

MS: Paragraph 2: On Monday 20 April, at around 22:00 I was at my boyfriend’s room but I don't know the house number.                       

BB: I don't recall. I never said that

MS: Did you give that police officer your cellphone number?                       

BB: I don't remember if he did I don't recall.

Marius Stander, for the State: We now move to the next affidavit.

They are ready to proceed.

Court is briefly adjourned.

Tensions are running high.

MS: I did that and there was still money left.                       

BB: I didn't say that                       

MS: I did not count it. I then placed the said R50 000 in the bag and kept the rest one side. I was then told by Thando that I must take the bag with and I did that.

BB: I didn't say that                        

BB: No I did not say that.                        

MS: I would like to state on the arrival of Chris, first before he went out with Thando, Thando came back from Chris and gave me a black bag that had money in it. He then requested me that while waiting for my brothers, I must please count fifty thousand (R50 000) out of the money in the bag as it was money that he had to pay Sizwe with.                       

BB: Please read it in Xhosa.                       

I don't recall Thando ever going out.                       

Chetty: Did you say this yes or no? I am loosing my patience with you, yes or no.

Babalwa Breakfast is the girlfriend of the alleged middleman Luthando Siyoni. 

As her statement is read back to her in court, she denies almost the entire content. 

Stander reads on from the statement.

MS: On meeting him, he told me that he did get the money from Chris to pay Sizwe.

BB: No I don't know

MS: Don't know or didn't say?                       

BB: Yes I don't know about it.

MS: I then met Thando the following morning when he came to my place. He phoned me to meet him outside.                       

BB: Thando did come to my house. He did come to my house and he told me to hand over the bag.                       

MS: The question is very simple. Did you say you then met Thando the following morning?

BB: I don't want to commit myself.                       

MS: All I want to know did you say it? BB: Thando did return, I don’t know when he did return.                       

MS: The question is very simple, did you say that to the police?                       

BB: No I don't recall

MS: At about 23:00 my brothers arrived and we walked home.                       

BB: I did say that my brothers took me home.                        

Stander continues reading.

MS: Thando and Chris have then left me there waiting for my brothers.                        

BB: There was no Chris there.                       

Chetty: so you never sad that?                        

BB: No

BB: I can't recall. I think Thando must have called my brothers.                       

Chetty interjects.

Chetty: Ms Breakfast, you are proficient in English are you not?                       

BB: Here and there my lord.

Chetty: You can read what is written there.                       

BB: Yes    

Chetty: Did you say that?                       

BB: I don't recall saying that.       

Stander continues reading from Breakfast’s earlier statement to the police.

MS: After that Chris, the employer of Thando, arrived there driving a double cab bakkie, I think that is silver grey in colour. And that he did not come into the house.                       

But Thando went outside to attend to him.

After that Thando came back telling me that I must phone my brother Mabhuthi and Toto to come and fetch me at his place.

Breakfast says the first time she ever saw Christopher Panayiotou was on TV. 

MS: On Monday 20 April 2015, I am not sure of the time, I was at Thando’s room when he received a call on his phone. The caller told him that "We have finished this and we want our money". After the call, Thando got up and went outside.   As I was hearing what was being said. I then decided to look at his phone to see was calling him. On looking at the phone I noticed the caller was Sizwe.

Breakfast denies all statements.

Stander reads on from the statement.

MS: I did see the said Sizwe that promised to kill the lady for Thando and Chris. The said lady was said to be the wife of Chris but I did not know or was never told as to what the reason for killing her was.                       

BB: I never said that.

MS: According to Thando the person that would successfully do the job for Chris would get R50 000.

MS: In April but I am not sure of the date, Thando had again informed me that he has found a guy that he called Sizwe who told him he would kill the said lady for him.                       

BB: No I never said that.

MS: Soon after that Thando told me that he tried to organise people from Zwide and New Brighton but they failed him.                       

BB: I did not say that.

MS: According to Thando Chris wanted him to kill his wife and that he told me he can not do that but that he can organise people that can do that for him.                       

BB: No I never said that.

Chetty: Are you saying you never said this?                       

BB: Yes

MS: While we were in the room Thando informed me that he was approached by his employer called Chris.   

BB: I didn't say that.

MS: I want to make sure, are you saying you didn't say this or don't recall.                       

BB: No I don't remember.                        

TP: I think this can be solved easily - let the State read the next paragraph.                        

Interpreter: Let me speak to her in very simple Xhosa.

MS: So to go back, did you say you did say that?                       

BB: That I was at Thando’s place on that day, I always go to Thando’s place.                        

Chetty: What the state is doing is reading out each line to determine if this is correct. If you say you said it, you can say yes, and if you say you never said it, you can say no.                        

BB: Yes my lord                        

MS: Somewhere between Jan and Feb 2015 I was at Thando’s place and was in his room that is situated outside the main house.                       

BB: I can't say whether that is correct, I was always there.                        

MS: So I can accept this statement?                       

BB: Yes.                        

He starts reading. MS: Siyoni is my boyfriend.                      

BB: Yes I said that.                       

MS: I have been in love with him for 4 years now.                        

BB: I don't recall that I was asked how long I was with him.                       

MS: Do you dispute that?                       

BB: No, I just don't recall

After objections from both defense teams, Stader says he would take her through her statement sentence by sentence.

MS: Can you tell the court what else Mayi asked you?                       

BB: I don't want to tell a lie, I don't recall the other things he asked me about.                       

MS: And did he write this down?                       

BB: I was just giving him answers to the questions he was posing to me. Yes he wrote it down