PORT ELIZABETH, November 10 (ANA) – The man who was allegedly hired by Christopher Panayiotou to recruit a hitman to kidnap and kill his wife, is expected to testify after Judge Dayalin Chetty ruled against a trial-within-a-trial on Thursday.
Self-confessed middleman, Luthando Siyoni, is expected to testify in the ongoing trial against Panayiotou and two co-accused Sinethemba Nemembe and Zolani Sibeko.
State Prosecutor Marius Stander on Thursday, referencing a barrage of case law, argued extensively against a trial-within-a-trial to be held.
Stander argued that Siyoni’s evidence should be heard in the main trial as Siyoni was a Section 204 witness and not an accused before court.
“I have not heard of any court going with a trial-within-a-trial and to determine the admissibility of evidence, it’s done in the main trial,” said Stander.
Defence Advocate Terry Price was thrown off guard by the State’s application to dispense with a trial-within-a-trial and said the State was ambushing the defense.
“I was up until 2am preparing for a trial-within-a-trial, we were under the impression a trial-within-a-trial would take place,” said Price.
He argued that Siyoni’s evidence would be “poisonous to the mind”.
“Charges against Siyoni were only withdrawn sometime in August. He was an accused, he should be treated like an accused, not a 204 witness,” said Price.
The State alleges that Nemembe assisted Sizwe Vumazonke to kidnap and murder Jayde at the behest of her husband. Vumazonke, who was the alleged link between Siyoni and other hitman, has since died.
Jayde was driven to a remote area on the outskirts of Kwanobuhle, where the alleged murder took place in April last year. The State contends Vumazonke fired two shots through Jayde’s back and a final shot through her head.
– African News Agency (ANA)