The admissibility of a secret video that the state wants to introduce in the Panayiotou murder trial could still become the subject of a trial within a trial.
This emerged during the ongoing trial in the Port Elizabeth High Court on Friday when state witness, Sergeant Aldre Koen, gave evidence.
Koen, who was the initial investigating officer in the case, before it was handed over to Kanna Swanepoel, and he then became a member of the special Task team investigating the case.
He told the court he was regularly in contact with Christopher Panayiotou since Jayde went missing, until the day he was arrested.
Koen was told by Swannepoel not to divulge any information of the arrest of the alleged middleman, Luthando Siyoni, as "Christopher" had been aware of the police going to the Infinity cocktail bar and was concerned that he had been arrested.
He further testified that he had booked Siyoni out of the Kabega Park police station on the 29th of April and dropped him off at the offices of Organised Crime. He said he was then tasked to fetch a bakkie in Uitenhage which was equipped with audio and visual recording equipment.
He said a meeting was arranged at the Engen Garage in Kabega Park, but it later moved to Algoa Park, when Siyoni took too long to arrive.
Koen said he was in another vehicle, lying flat in the back, and could not see or hear anything related to the secret recording. He said Siyoni later handed him a bag of money and the phone used in the operation.
State Prosecutor Marius Stander wanted to introduce the secret video recording into evidence, before Judge Chetty rules on the admissibility thereof.
The State argued that they were dealing with a 204 witness who gave his full co-operation with a conversation which then followed. Stander said the only way to determine whether or not Luthando Siyoni created an opportunity for accused number one, is to watch the video.
Judge Chetty said the video was not being challenged on that basis but on the basis of the infringement of the rights of the witness.
He told Stander allowing this would be an injustice.
The State indicated that it would bring an application to show the video at a later stage.
Defence Advocate Terry Price continued cross examining Koen, focussing on the three main issues he raised with all the police on the stand, when, where and how was Siyoni read his rights and what information was written down in his pocket book.
Price also questioned the fact that Koen did not ask for more information as to why Siyoni had a bruised and blue eye.
The defence will continue its cross examination on Monday.