GUILTY South Africa - Jayde Panayiotou, 28, Port Elizabeth, 21 April 2015

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[FONT=&amp]State advocate Marius Stander wanted the Port Elizabeth High Court to receive the evidence in terms of Section 15(4) of the Electronics Communications and Transactions Act, which shifts the onus onto the accused to prove the information is incorrect.

[/FONT][FONT=&amp]Stander says he plans to call experts from service providers MTN and Vodacom, as well as national cellphone sleuth Thereza May Botha.

http://www.heraldlive.co.za/news/top-news/2017/06/16/jayde-state-tactics-slated/?platform=hootsuite



Here is the relevant act and section:-

http://www.up.ac.za/media/shared/40...ations-and-transactions-act_31-ma.zp44223.pdf

[/FONT]15 (4) A data message made by a person in the ordinary course of business, or a copy or printout of or an extract from such data message certified to be correct by an officer in the service of such person, is on its mere production in any civil, criminal, administrative or disciplinary proceedings under any law, the rules of a self regulatory organisation or any other law or the common law, admissible in evidence against any person and rebuttable proof of the facts contained in such record, copy, printout or extract [FONT=&amp]

[/FONT]
 
PrimeSuspect said:
The judgment was fair that CP was denied bail. Well done Magistrate Beeton!

I can't believe HvB got bail, he is the only suspect with a long list of evidence against him, he also is a risk to interfere with witnesses, Marli being the most obvious, he's had 2 1/2 yrs to work on her. The investigating officer is dead and I can't find any news as to how, one of the police dockets and a laptop was stolen from Galloway's car .........there's a third but I can't think of it atm. Does HvB have dual citizenship?

The main difference between the two, CP is broke while HvB is due to inherit an incredible amount of money and assets. :sigh:
Click to expand...

It's my understanding that any visit he has with Marli is supervised.

I don't know about the dual citizenship but I rather doubt it. He would have travelled on Martin's passport when he was under 18. My guess would be that he had a student visa when he was at uni in Oz. Hopefully he'll never need a passport again.
 
Did we get the time right? Court was supposed to start at 9.30. Oh, they didn't say which week though. OISA

I'm predicting that the Judgment will be read out and they'll adjourn until Monday. After all, it is Friday and they don't do Fridays.
 
They do Fridays in this court JJ. It's the HvB court that doesn't sit on Fridays.
 
Doreen Loubser‏ @alzammer Jun 15

#panayiotoutrial Judge will hand down his ruling at 9.30 am on Monday morning.

:floorlaugh: OISA

https://twitter.com/alzammer

ETA I don't recall reading anywhere that court was adjourned until today, only the ruling re the judgment. All journos are quiet. today
 
I don't know how phone mapping is usually introduced into evidence and whether this differs from the norm somehow, but if Chetty rules it's inadmissible I think the implications could potentially be huge for all trials.

How is anyone to ever know whether a record has been falsified? This particular way of introducing evidence from the service provider's records seems to me to be quite independent of police and therefore it should be allowable.
 
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.
 
Tortoise said:
I don't know how phone mapping is usually introduced into evidence and whether this differs from the norm somehow, but if Chetty rules it's inadmissible I think the implications could potentially be huge for all trials.

How is anyone to ever know whether a record has been falsified? This particular way of introducing evidence from the service provider's records seems to me to be quite independent of police and therefore it should be allowable.
Click to expand...

Telcos provide these records and I've never heard of them being falsified.

Call charge records (metadata) include the phone number from which a call is made, the number called, the identity of the owners of those numbers, the time and duration of the call, the locations of the caller, the person being called and the IP address of websites visited.

By carrying a smartphone, you are in effect carrying a tracking device that logs roughly where you are every 20 minutes of each day, on average.

Government departments, police and security agencies worldwide have access to the data and it’s relied upon by them to solve crimes and prevent terrorism. It may not be 100% accurate, but when coupled with other evidence, in this case the car tracker, I think it builds a good case.
 
Tortoise said:
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.
Click to expand...

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/details-murder-accused-panayiotou’s-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/N...-testifies-in-trial-within-a-trial-20170424-2
 
I found this portion of Siyoni's statement. Unfortunately I was unable to locate the whole document but this is brilliant.

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http://cdn.24.co.za/files/Cms/General/d/4713/64a10b68b2454c63b9058607d394c355.jpg
 

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  • Portion Siyoni's statement.jpg
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JudgeJudi said:
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/details-murder-accused-panayiotou’s-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/N...-testifies-in-trial-within-a-trial-20170424-2
Click to expand...

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/...thestatebailappealjudgmentgoosenj20150728.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."
 
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.
 
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
 
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
 
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
 
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/Regul...f_Communication-related_Information_Act,_2002
 
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
 
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