AS IT HAPPENED: #Panayiotou sentencing deadline set
2017-11-23 09:46
Christopher Panayiotou and fellow accused have appeared for sentencing in the murder of his wife Jayde Panayiotou.
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11:10
Chetty says he will hand down sentencing tomorrow at 9.30
Siyoni faces charges of conspiracy to commit murder and murder
Siyoni is therefore not discharged
Ngqeza informed Siyoni not to address any questions
At the hearing before me I invited Siyoni;s attorney to address me
Chetty: Cautions the witness, that during his evidence in chief I declared him hostile
Mr Siyoni request to this court is for the court to consider how he came to the court as a section 204
I gave him the opinion, if it was wrong, I take the blame, not Mr Siyoni
I must concede I have tried to look for case law where a section 204 witness was discredited, but I could not find case law on that
It was only when he was declared hostile that I gave him the opinion
If I gave him the wrong opinion, I will take the blame for that
My opinion was based on the fact that he was being discredited
Ngqeza: He testified to the best of his ability, although some would say his answers were not helpful to some.
He testified up until he was declared hostile
Chetty interjects: Are you giving evidence before me?
Ngqeza says Siyoni did give testimony to this
Ngqeza: My humble request is that it is clear that when he
was called by the state, the state knew the state would not testify to the
statements given
Ngqeza says the sate said they would not use him as a 204
witness
Ngqeza says he said he would tell the truth, but would not refer to the statements
Ngqeza is again referring to the emails sent to him
Ngqeza says that they had told the state that he would not rehearse statements and would not recite the statement in court as there were elements he did not agree with
Ngqeza says the court would remember this day as it was the
day he was chastised for not being properly dressed before the court (He did
not have his robes on)
Ngqeza says Siyoni clearly said he would not testify to his statements, he would tell the truth
Chetty interrupts, he says he knows about the emails, he wants to know is there is any evidence relating to him discharging Siyoni
Ngqeza says Siyoni was a victim
Ngqeza says that he only joined the case after Siyoni had become a section 204, and that an email was sent to the prosecution that Siyoni wanted to be an accused
Ngqeza: Says there are three elements, the pre-agreement, the actual testimony and then the evaluation of said testimony
Ngqeza is addressing the court
Chetty asks if there is anything that he should consider in relation to Siyoni's status as a section 204
Chetty now turns to Ngqeza, who is representing Siyoni
Price objects: There is no evidence before the court to show accused 1 is a psychopath
Stander: In relation to Nenembe there is also the issue of robbery, which holds 15 years
Stander: The only proper sentence for accused 1 and 3, the only appropriate sentence would be life in prison
Chris is, as usual looking ahead of him, watching Stander as he reads from the case law
The court is packed, people standing and pushing each other
for a spot to hear
The court is well aware of the case law dealing with contract killings, there are certain times when retribution and deterrent are the most significant aspect of sentencing
This is one of the cases where rehabilitation moves slightly down the list
I have heard the evidence from the family that he is a kind man, but the evidence before this court shows he has a very dark side
To stand up at a funeral and praise her and say that she was everything in his life, and then to watch the video
He falls closer to being a psychopath than a kind person
How tracks were covered
It is clear that Jayde had no opportunity to defend herself
I grow cold thinking what must have gone through her mind in the moments leading up to her death
This was a cold blooded, execution murder
This falls clearly into the realms of a contract killing
The facts before this court is that he paid for the rent of the vehicle on the 8th of April
He slept in the same house
He knew it was going to happen
It is extremely aggravating
The extent to which this plan was put in place and how it was supposed to be a robbery outside the Stellen Glen complex
It was a well planned murder
It was a plan that was followed
There is common cause that accused 1 (Chris) showed no remorse
Stander moves on to Nenembe and Panayiotou
This was a calculated, premeditated murder
What makes it worse is that there was more than sufficient time to reflect and withdraw from this plan for accused 1
My submission of a sentencing of 18 years in prison would be appropriate
Stander says accused 4 did more than just accept money
He was part and parcel of the scoutings and the murder took place
Stander also points out that accused 4's argument is flawed,
in that there is no evidence that he withdrew from the conspiracy
Stander says conspirator is supposed to get the same sentence, however a lighter sentence is applicable if the conspiracy does not conclude
Stander says that in this case that is not the case
Stander starts with the conspiracy
Stander addresses the court
Daubermann refers to a case where a person was convicted of conspiracy,
and was sentenced to 9 years with 2 suspended, which was reduced on appeal to 7
years with 2 suspended
I request that your lordship considers the above
Daubermann again refers to case law
An appropriate sentencing for conspiracy appears to be 4 to
5 years in prison
Accept for the purpose of sentencing that he withdrew from
the conspiracy
On the states own case, accused 4 played no role in the act of murder
The proper approach would be the fact that the murder was indeed committed, but you cannot hold him responsible for the murder
Daubermann asks what would be a fair sentence for sentencing
