Panayiotou defence 'selective' in phone plotting evidence: prosecution


Christopher Panayiotou and one of his co-accused Sinethemba Nenemba during their murder trial at the Port Elizabeth High Court.

Christopher Panayiotou and one of his co-accused Sinethemba Nenemba during their murder trial at the Port Elizabeth High Court.

PORT ELIZABETH – The defence lawyer representing two alleged co-conspirators charged with the murder of Jayde Panayiotou, shot down allegations of their involvement in a plot to murder the school teacher in April 2015, the Port Elizabeth High Court heard on Thursday.

Attorney Peter Daubermann was cross examining National Investigative Analyst Thereza Botha on her report which deals with cell plotting of Sinethemba Nenembe and Zolani Sibeko. Her report indicated that cell phone plotting placed Sibeko near Jayde’s home in the days before her murder — the data also plotted Nenembe near the Stelen Glen complex on the day she was kidnapped while waiting for a lift to work.

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Daubermann put it to Botha that she could not say that the alleged shooter Sizwe Vumazonke and Nenembe travelled together in the same vehicle to the vicinity of Jayde’s home on the day she was kidnapped.

However, cell phone plotting shows that the two communicated via cell phone several times that morning.

“You can’t say exactly where Nenembe was in the [area] when the relevant calls were made. He would of not been traveling with Vumazonke and they were not in the same vehicle..You can’t say Nenembe and Vumazonke left the [area] at the same time,” said Daubermann.

Botha conceded to his line of questioning. In addition Daubermann also dismissed that Sibeko was part and parcel of a plot to have the school teacher killed. He put it to Botha that out of several calls to Vumazonka only one placed Sibeko in the vicinity of Jayde’s home on April 16, 2015.

“The records can’t place him at Stelen Glen complex or that he drove in Deacon Street,”

“Will you agree that Sibeko was not present on April 21 at the kidnapping and murder and it militates against the hypothesis that Sibeko was part of a plan to kill the deceased,” asked Daubermann.

stateHowever, State Prosecutor Marius Stander, under re-examination said that Daubermann was being selective with portions of evidence during his cross examination of the witness.

Stander outlined that on April 16, after Sibeko left the vicinty of Jayde’s area he ended up in New Brighton, at around about the same time, in the same street where the alleged hit vehicle was parked.

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Stander listed cell phone numbers of so-called associates, including Nenembe, Vumazonke, Khusta and Christopher Panayiotou’s bouncer, Luthando Siyoni.

“After 5am until 8am that morning all calls made were between these associates,” said Stander. The State alleges that Nenembe assisted Vumazonke to kidnap and murder the school teacher at the behest of her husband. Vumazonke has since died.

According to the State, Sibeko is linked to the crime through cellphone mapping which placed him outside Jayde’s complex in the days before her murder.