The bail application of one of the suspect's accused of Jayde Panayiotou's murder, Zolani Sibeko, was heard on Tuesday at the Port Elizabeth High Court on Tuesday.
Sibeko stated in his affidavit that the state has called numerous witnesses thus far, none of whom have been able to implicate him in the commission of any of the alleged offences.
Sibeko's defense council, Peter Dauberman, told the court that the state had no evidence to prove allegations him, poking holes in one of the states witnesses’ affidavit, stating it was inconsistent.
Dauberman also accused the state of misleading the court adding that the state did not have cellphone experts as witnesses.
The state's case against Sibeko rely's on cellphone mapping which allegedly places him at the Panayiotou Kabega residence five days before the abduction and murder of Jayde.
The state prosecutor, Marius Stander, asked the court to dismiss the bail application as the co-accused had hidden from the police before being found at his parents’ house and also denied any knowledge of a cellphone, which was later found with a family member.
Stander said onus was on Sibeko to prove existence of exceptional circumstances & interest of justice to be released of which he believed that he had not done so.
The prosecutor hit back at Dauberman saying they have, in fact, two cellphone experts as witnesses.
He added that he knew tha cellphone billing was not the end all and be all but “what are the chances that when scouting done, Sibeko at gate of complex?”
Stander said that all state needed to do was show that it does have a Prima facie case against Sibeko.
The judgement will be heard on Monday, 12 December, at 13;00.
