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  1. #511
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    Quote Originally Posted by Tortoise View Post
    Did you read, it may have been in that bail appeal that you linked JJ but I can't be 100% certain about that having read so much over the last few days, that CP intends (or intended at that stage) to justify what he said in the covert video recording as him endeavouring to extract a confession from Siyoli.

    Is he going to say he knew the car was wired up?

    Presumably this plan has fallen by the wayside because I don't see why the defence would go to such extremes to have it ruled inadmissible and also why they would accuse the police of entrapment (if that's exactly what CP was trying to do), and assault of Siyoli to get him to lie.

    What a dirty world they live in.
    I find myself having to check details too because not only am I following the two trials, I'm reading about 2 other matters that are yet to go to trial and constantly researching things.

    At his bail application in 2015:

    The defence further slammed the State for “creating the impression through the media” that certain tapes and recordings (allegedly obtained when they used Siyoli to entrap Panayiotou) would be admissible against their client”.

    “This trap may well fall foul of being obtained legally,” Price said. “There is also no evidence of direct contact between my client and accused number three (Siyoli).”

    http://www.enca.com/south-africa/det...life-laid-bare

    The secret video recording takes care of that assertion.

    From the trial within a trial:

    Swanepoel said, following Siyoni’s offer to call Panayiotou, legal advice had been sought and that a plan had been made to set up a meeting between Siyoni and Panayiotou, as they had sought to verify Siyoni’s version of events. He said it had never been the plan to entrap Panayiotou.

    http://www.news24.com/SouthAfrica/Ne...ial-20170424-2

  2. #512
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    I found this portion of Siyoni's statement. Unfortunately I was unable to locate the whole document but this is brilliant.



    http://cdn.24.co.za/files/Cms/Genera...07d394c355.jpg
    Attached Images Attached Images

  3. #513
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    Quote Originally Posted by JudgeJudi View Post
    I find myself having to check details too because not only am I following the two trials, I'm reading about 2 other matters that are yet to go to trial and constantly researching things.

    At his bail application in 2015:

    The defence further slammed the State for “creating the impression through the media” that certain tapes and recordings (allegedly obtained when they used Siyoli to entrap Panayiotou) would be admissible against their client”.

    “This trap may well fall foul of being obtained legally,” Price said. “There is also no evidence of direct contact between my client and accused number three (Siyoli).”

    http://www.enca.com/south-africa/det...life-laid-bare

    The secret video recording takes care of that assertion.

    From the trial within a trial:

    Swanepoel said, following Siyoni’s offer to call Panayiotou, legal advice had been sought and that a plan had been made to set up a meeting between Siyoni and Panayiotou, as they had sought to verify Siyoni’s version of events. He said it had never been the plan to entrap Panayiotou.

    http://www.news24.com/SouthAfrica/Ne...ial-20170424-2
    Strange that Price said that.

    Paragraph 46 is the relevant section I was referring to from the bail appeal and judgement in July 2015 -

    http://www.rnews.co.za/assets/news/c...nj20150728.pdf

    "In similar vein it was submitted that the video and audio recording which the prosecution had tendered in evidence in the bail proceedings, was also subject to an admissibility challenge and, in any event, would be adequately explained at trial. The argument was that the appellant, had allegedly been instructed by Eksteen, a police officer close to the family of the deceased, to meet with Siyoli in order to obtain information from him."

  4. #514
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    The #PanayiotouTrial resumes this morning with Judge Chetty to give a ruling on the way in which the state may present cellphone evidence

    https://twitter.com/HeraldPE

    Apparently the State still has approx. 15 more witnesses expected to be called.
    Last edited by JudgeJudi; 06-19-2017 at 03:48 AM.

  5. #515
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    Court is in session. Prosecutor Marius Stander wants to address Chetty before he gives his ruling

    MS hands in a typed copy of his argument. He wants to present cellphone evidence which places an onus on accused to disprove evidence

    https://twitter.com/KathrynReporter

  6. #516
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    Chetty reads his judgment. He refers to reported cases

    [Yippee]

    Chetty dismisses the defence's application. MS may proceed to present his evidence. Lawyer Peter Daubermann now has another objection

    https://twitter.com/KathrynReporter

  7. #517
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    PD believes the way in which the state obtained its cellphone evidence was unlawful

    The cellphone evidence was obtained in terms of section 205 of the CPA. PD says it was an invasion of his clients privacy

    Chetty asks if the cell records is privileged.
    PD says he will get back to that. A person's not obliged to divulge secret info if subpoenaed

    PD now refers to the Rica Act

    Subject to the act, no person may provide such archived info to anyone else. It is in fact an offense to do so

    In conclusion, PD says the cellphone evidence the state wishes to present was unlawfully obtained

    Court adjourns momentarily before MS responds

    https://twitter.com/KathrynReporter

  8. #518
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    This is only from Wikipedia but I think it explains what Daubermann is saying. However, the last sentence seems to make it clear that the evidence is admissible because murder is a serious crime. It will be interesting to see what happens next.

    Section 14 of the Bill of Rights in the South African Constitution of 1996 expressly provide that "everyone has a right to privacy, which includes the right not to have (...) (d) the privacy of their communications infringed". The rights in the Bill of Rights may be limited, section 36 of the Constitution. However, various other provisions in the Bill of Rights indirectly imply a right to safety and security. If citizens have a right to security, it creates a corresponding duty on the State. Chapter 11 of the Constitution governs this duty and authorise the Police, Defence Force and Intelligence Agencies to assist the State in its security obligations. Parliament therefore attempted to balance these two conflicting rights by providing for judicial oversight and limiting interception only to those cases where a serious crime is involved.

    https://en.wikipedia.org/wiki/Regula...tion_Act,_2002

  9. #519
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    Court is in session. MS responds

    MS says there is nothing wrong with the way in which the state obtained its info. Chetty will give his ruling at 11:15

    https://twitter.com/KathrynReporter

  10. #520
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    Johanna Heyneke is called to the stand. She is the forensic liaison manager at Vodacom

    Heyneke has been at Vodacom for 15 yrs. used to testify in court 3 times a week

    MS shows Heyneke a copy of her signed affidavit. She was asked to plot the position of certain towers on a map

    The court is shown a colour coded map. The Algoa Park tower is present

    The Windvogel tower (close to where Jayde was killed) is also shown on map

    https://twitter.com/KathrynReporter


  11. #521
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    The witness goes through all the base stations. It's this info that the state will rely on to prove its case against the alleged hitmen

    MS asks Heyneke to explain how a base station covers a specific area & how this affects calls made

    Vodacom receives its info from the base stations. There can be a 20m variant in the base stations

    Would Vodacom make data available without a court order? "No, my Lord"

    Heyneke says in this case, she received a subpoena for each section of the info released. The court is shown an example of the court order

    https://twitter.com/KathrynReporter

  12. #522
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    She liaised with the police's technical support unit

    Once Vodacom approves the request, the info can be downloaded

    MS asks Heyneke to take the court through the billing placed on screen. She says this is the data released to the police

    The data includes incoming & outgoing calls. GPRS info, every time the phone connects to internet (Facebook, emails etc)

    The info also includes the profile or history of SIM card dating back to 2009

    https://twitter.com/KathrynReporter

  13. #523
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    Looking at the sim & IMEI number, this particular sim has been placed in various handsets

    This SIM card belonged to a part contract

    The info also shows the type of handset in which the sim was inserted

    The first period looked at is Sept 2013 to April 29 2014

    PH explains how there could be a time lapse on data if you for example log onto facebook while your emails are still open

    Counsel asks for a short adjournment

    https://twitter.com/KathrynReporter

  14. #524
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    Court resumes. Heyneke is shown another page of cellphone billing

    The info was then supplied by Vodacom to cellphone expert Thereza Botha in excel format

    Data is 99.9% accurate. There may be a failure from let's say, a lightning strike. But the system cannot generate data that doesn't exist.

    The state has no further questions. Court adjourns for lunch until 2:15pm

    https://twitter.com/KathrynReporter

  15. #525
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    She lists her various diplomas. TP remarks "that's not bad"

    Do any of those make you a cellphone expert? "No but I have been extensively trained by Vodacom"

    TP says it's easier to adapt an excel document than a PDF. Heyneke agrees

    TP asks if Heyneke herself measured distance between base stations & reception area. She says she did via the maps, which are drawn to scale

    Is it unheard of to see SIM change phones, suggest criminality? "Its unusual to me, but may be done by others. Often see it in these cases"

    https://twitter.com/KathrynReporter

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