Video: Why Panayiotou must stay in jail

Goosen’s decision was handed down in the Grahamstown High Court yesterday, with his judgment finding that Panayiotou’s defence team had not proved that magistrate Abigail Beeton had erred in refusing bail.

Goosen also said he believed Beeton’s assertion that Panayiotou might well flee, should he be given bail, was not without merit.

When Goosen’s decision was read out, teary-eyed friends and family in the public gallery stood up and cheered.

Panayiotou, 28, is accused of orchestrating his 29-year-old wife Jayde’s murder in April. Jayde, a teacher in Uitenhage, was abducted outside their Kabega Park townhouse.

Her body was found the next day.

Panayiotou allegedly paid his employee, Luthando Siyoli, 31, a large sum of money to hire alleged triggerman Sizwezakhe Vumazonke, 30, to abduct and kill her.

Jayde’s mother, Michelle, father Derick and sister Toni could hardly contain their emotions when Bheshe read out a single line from Goosen’s judgment: “The appeal is dismissed.”

Grabbing hold of his sobbing wife and holding her close, Derick’s eyes brimmed with tears. Nearby, at least a dozen family members and friends stood in support, many wearing T-shirts emblazoned with the slogan: Hope is the only thing stronger than fear.

In stark contrast to previous court appearances, no one from Panayiotou’s family was present.

Even his high-powered legal team, attorney Alwyn Griebenow, Advocate Terry Price SC, and Advocate Mike Hellens SC, were not at court.

Yesterday afternoon, Griebenow said he had not yet been instructed by Panayiotou’s family as to whether or not they wanted to see the decision appealed in the Supreme Court of Appeal.

“I will speak to the family. I need to take instructions from there,” he said.

Written copies of Goosen’s 25-page judgment were made available and detailed how he came to the conclusion that Panayiotou should remain in custody for the duration of his trial.

This backed the original decision by Beeton in the Port Elizabeth Magistrate’s Court. Goosen concluded that: ý He agreed with Beeton’s statement that there was a real risk Panayiotou would not stand trial if released on bail;

ý The handing in of passports and travel documents, and notification of the authorities at border posts – so-called red flagging – would not serve to secure his attendance at trial;

ý Beeton was correct in finding there was a likelihood that Panayiotou would tamper with evidence or interfere with witnesses;

ý The OK Grocer business would not collapse without Panayiotou;

ý Beeton had considered the conditions at St Albans and had been correct in determining that release on bail “is not the remedy for the failures of Correctional Services”; and

ý Being in a single cell did not mean Panayiotou was being held in solitary confinement and that was an emotive argument.

Goosen said: “She came to the conclusion, on the totality of the evidence, that the appellant [Panayiotou] had not discharged the onus to establish . . . that exceptional circumstances exist which . . . permit the appellant to be released on bail.”

Goosen said the defence’s application to see statements made by Panayiotou’s mistress, Chanelle Coutts, and her friend, Clarissa Kapp, along with evidence that Siyoli was allegedly assaulted before making a confession, could not be heard as it was new evidence and as such had to be heard by the court that initially denied bail.

Goosen said there was no merit to the defence’s submission that Beeton went “outside of the ambit of the evidence to make findings as to the strength of the state’s case”.

National Prosecuting Authority (NPA) spokesman Tsepo Ndwalaza said they were pleased with the judgment and were looking forward to the start of the trial.

“We are satisfied and encouraged by this court’s decision that we have done enough to prove the accused should be denied bail,” Ndwalaza said.

“This was, however, not a victory for the NPA alone. We are also happy to see the relief on the side of the deceased’s family.”

After the court proceedings, the Inggs family and their friends posed for pictures outside the court, smiling broadly.

They did not, however, want to comment.

Members of Afriforum, who were also at court, held up an assortment of posters and nooses with little figurines hanging from them.

“No bail. Let Chris cry like we have since April 21,” read one of the posters, referring to the date Jayde went missing.

Panayiotou is charged with conspiracy to commit murder, robbery, kidnapping and murder and will appear in court again on August 13.