The National Prosecuting Authority said justice had prevailed after Port Elizabeth High Court judge, Dayalin Chetty, found Christopher Panayiotou and his two co-accused guilty of his wife's abduction and murder.
Chetty's final verdict on Panayiotou's 31st birthday, came through just after 3 pm on Thursday afternoon, several hours after he began his much-anticipated judgment at 9.30am.
Panayiotou was convicted of murder, Sinetemba Nemembe of murder and robbery with aggravating circumstances and Zolani Sibeko was found guilty of conspiring to commit murder.
National Prosecuting Authority spokesperson, Tsepo Ndwalaza, said it had been a long and bumpy road.
"This case has been full of ups and downs, but today the judge delivered. We believe that justice has prevailed. We are excited as the NPA that we were able to achieve this feat," he said.
"We believe this will bring closure to the family and public and those people out who believed justice must prevail, that has happened."
In his judgment, Justice Chetty, dealt at length with his decision to allow a video and audio recording of a police sting operation in which Panayiotou is seen discussing his wife's abduction and murder with hostile state witness Luthando Siyoni.
He said the police investigators did not need authorisation from the Provincial Director of Public Prosecutions to carry out the sting operation in which Panayiotou implicated himself in his wife's murder.
"It is common cause that Jayde's murder had unleashed a media frenzy. It, together with informant's revelations and confirmed by Siyoni, impelled the adoption of a strategy employed by the unit (SAPS) and their modus operandi is not open to critique," the judge said.
"An objective assessment of exhibit BG5 establishes that accused No 1 (Panayiotou), was not induced to meeting with Siyoni. It was his own self-preservation which caused him to make the calls (to Siyoni) which in fact precipitated the meeting (sting operation)."
"The mere fact that the initial calls we made at the instance of the unit is entirely irrelevant. The fact of the matter is that the majority went unanswered and when regard is had to the import of the actual conversation between accused No.1 (Panayiotou) and Siyoni prior to the meeting, it is clear that no exploitation, as envisaged in sub-section 2(h) in fact occurred."
"The evidence procured established accused No1's complicity in Jayde's murder and there is no room to contend that the unit (SAPS) acted in bad faith. I am satisfied that the unit's conduct did not go beyond providing an opportunity to commit an offence," Chetty said.
Judge Chetty also said that Siyoni had colluded with murder accused Christopher Panayiotou in attempting to deceive state prosecutor Marius Stander during the trial.
Siyoni, who entered the witness box as a Section 204 state witness, recanted his statement made regarding the events that led to the abduction and murder of Jayde.
He was treated as hostile witness afterwards.
Chetty said Siyoni's statements to investigating officer Kanna Swanepoel held dire consequences for the three accused, particularly accused number 1, Panayiotou.
He said the strategy devised for its exclusion, required his collusion.
"The full extent of his connivance soon manifested itself. It is abundantly clear, notwithstanding the gratuitous imputations levelled against State Prosecutor, Marius Stander, that the latter had been deceived into believing that he (Siyoni) would adhere to the contents of his statements to investigating officer, Kanna Swanepoel.
"This appears clearly from the concluding email from his attorney, Mr Nqeza, to Stander in October last year. The email and a raft of earlier missives were introduced into the trial by Mr Price during his ostensible cross-examination of Siyoni. Although it is permissible to put leading questions during cross-examination, no weight whatsoever can be attached to any of Siyoni's affirmative response," the Judge said.
Judge Chetty said that state had been deceived into believing that Siyoni would adhere to the contents of his statement to investigating officer, Kanna Swanepoel.
He said was clear from an email from Siyoni's lawyer to the state prosecutor, Marius Stander, in October last year.
Justice Chetty said "this and a raft of earlier missives was introduced into the trial by Panayiotou's advocate Terry Price during his cross-examination of Siyoni.
He said although it is permissible to put leading questions during cross-examination, no weight whatsoever can be attached to any of Siyoni's affirmative responses.
"The cossetted questioning designed to establish that Siyoni was not the author of the content of the statements to Swanepoel, which bore his signature, and his acquiescence in the insinuation that counsel for the State had established the extent of Siyoni's collusion with accused No1.."
Referring to Panayiotou's remarks in the video recording, Judge Chetty said that "the afore-going, unsolicited, utterances and admissions by accused No1 (Panayiotou) vouchsafe the truthfulness of both the narrative in both (Babalwa) Breakfast's and Siyoni's police statements and demystifies the concocted defence," he said.
Wrapping up his judgment, Judge Chetty praised the police investigators and the state prosecutor.
"It behoves me to commend the investigating team for their meticulous efforts in unmasking Jayde's murderers. The criticism directed at them and the prosecutor are unfounded. I'm satisfied that the evidence it used, proved the guilt of the accused on the charges specified hereunder beyond any reasonable doubt.'
