Shrien Dewani trial commences in Capetown.

[Anna]

Dewani Trial takes another twist

http://mg.co.za/article/2014-11-22-dewani-trial-takes-another-twist

[Anna]

Part 1

Read from bottom, up



British millionaire attempts to have honeymoon murder case thrown out
Nov 24, 2014 09:59

By Sam Rkaina

http://www.mirror.co.uk/news/world-news/shrien-dewani-trial-live-updates-4682971
The 34-year-old is on trial in South Africa accused of plotting to have his new bride Anni shot dead

10:18 am
Why the contradictions?
Van Zyl: "Then there was Tongo's evidence that on arrival from the money changer, they had the discussion of (the hijack details).
"But on presenting CCTV footage, Tongo says 'oh no, we actually discussed it on the way back to the hotel'.
"Why do we have these contradictions? Only if the man is not telling the truth."

10:13 am
Dewani arriving at court this morning
We have some pictures of you now of Shrien Dewani arriving to court by car this morning.
Will this be the last day he has to attend court?
Time will tell, as his defence team's bid to have the case thrown out continues.
Adrian De Kock / Barcroft Shrien Dewani arrives at the Western Cape High Court for the trial of the alleged murder of his wife Anni
Adrian De Kock / Barcroft Shrien Dewani arrives at the Western Cape High Court for the trial of the alleged murder of his wife Anni


10:10 am
Making the deal
Van Zyl now cites Qwabe's evidence regarding the R15,000 payment.
You've seen the CCTV footage of the accused and his wife leaving the room at 11.15am, Van Zyl says.
Zola Tongo says the deal was to meet at 11am.

9:59 am
Evidence not credible
Van Zyl reads from the court records of Zola Tongo's testimony.
The defence is relying heavily on Tongo's credibility or lack thereof.
The evidence of Mbolombo, in itself not credible, does not support Tongo's account, Van Zyl says.
Qwabe's does not support Tongo's either, he adds.

9:52 am
Mess of evidence
Van Zyl: "It is crucial for the State's case to prove that the accused entered into the alleged conspiracy agreement with Tongo.
"Failing such proof, the accused cannot be convicted."
The lawyer is continuing his bid to get the case thrown out by picking apart failings in witness evidence.
 
9:50 am
Cost of bringing Dewani to trial could be wasted
Court sources have told Ruth Maclean of The Times Dewani probably won't go home today.
The judge will want time to consider whether or not to throw case out, she reports.
So far it would seem the judge has mostly interjected to support the defence team's concerns about witness evidence.

9:48 am
Hitmen payment
Van Zyl: "[Now] I deal with the payment for Mbolombo.
"Her made no mention of payment in evidence-in-chief.
"But in cross exam, he says Mbolombo would be paid by the young men."

9:41 am
Proceedings resume
Van Zyl refers to the court records of Tongo's testimony.
In cross-exam, Tongo testified that the accused never indicated that he did not want to produce his passport to change money.
The lawyer says ''t was just something he made up'.

9:12 am
Court adjourns for tea
Van Zyl: "The money to be paid. One would expect that how much was to be paid would be rather important to Tongo.
"He says he was offered R5,000. He cannot say when the offer was made, Friday or Saturday. My learned friend says his memory could fade after four years.
"The fact of the matter remains, in his statement, he made no mention of R5,000."
The court has adjourned for tea but should resume shortly.

9:10 am
Don't know where the truth lies
Van Zyl: How do we get to a situation where the accused tells Tongo that his business partner (arriving the next day) needs to be killed?
"But to Mbolombo and Qwabe, it was told that a husband wanted a wife killed. We don't know where the truth lies.
"We have this huge difference in evidence, on very material evidence."

9:07 am
No mention of 'business partner'
Van Zyl: "One would imagine, on this part of his statement, that he would be clearer on who had to be killed.
"This is a huge mistake from someone who knew from the start that a business partner had to be killed.
"No mention in Mbolombo's statement of a business partner/ client to be killed. No mention whatsoever."

8:59 am
Someone had to be killed
Van Zyl: "If we look at this, how did the conspiracy start? Behind the car when they were standing? When he came back to the car? My Lady, that is a material discrepancy.
"In P9, no mention is made that the accused told him it's his business partner. My learned friends will say so what?
"He did say someone had to be killed. Why didn't he tell Col. Barkhuizen about it?"

8:57 am
Growing business claim was 'afterthought'
Van Zyl: "This business of he'll make his business grow, is what Mr Tongo puts at the forefront of his reason to participate in the crime.
"This job, is an afterthought, after the affidavit was made.
"That is why you don't see it in exhibit P9."

8:54 am
Serious questions about witness credibility
Judge Traverso: "There's something else that concerns me. The R4,000 that was taken from the accused. If he was a co-conspirator, why would they take the R4,000?
Van Zyl: "If we go on probability, he took an expensive watch and R4,000. Those are all improbabilities.
"If you look at exhibit P9 (Tongo's affidavit) Tongo says that the accused elaborated on the job, outside at the car. Tongo said he doesn't associate himself with such things but said he will call someone in the township.
"This is a material contradiction in his evidence: the when, where and how?
"And how did he explain it? He said it was a mistake. One would expect it to be very clear when this man approached you. This raises serious questions about his credibility right from the very onset."

8:53 am
Huge risk of short changing killers
Van Zyl: "There's one further improbability that I haven't addressed in my heads. Jumping ahead, the accused now knows they are going to have his wife killed.
"These people are obviously dangerous people. You promised to pay them R15,000 for this job, [but] what [does] the accused do? He takes R10k.
"He's prepared to short-change these killers. What is going to happen to him if they find out they've been short-changed? That's a huge risk to take. We ask ourselves, how probable is that?
"Those are the huge improbabilities against the background of Tongo's evidence."

8:45 am
Hugely improbable
Van Zyl: "Tongo is more than happy to take this further. He's not even sure if the R5000 was discussed that day or not. Off he goes to Mr. Mbolombo and decides to ask him.
"He tells him "I have this client who wants to have his business partner killed."
"He (Mbolombo) then calls Qwabe, and he agrees to take part in this conspiracy."

8:44 am
Why would a foreigner arrange a murder half an hour after arriving?
Van Zyl: "Mr Dewani arrives at Cape Town International, for the first time in his life. He looks for a taxi to the Cape Grace. Mr Tongo says I can take you."
Judge Traverso: "My rates are better than yours."
Van Zyl: "On their way, he tries to sell his services. At the hotel, the porter takes the luggage, Mrs Dewani goes inside. They (Tongo and Dewani) were not out there for long.
"Then he (Dewani) explains what this job entails. How probable is this, that a foreigner arrives in this country and takes a shuttle, and within half an hour, arranges a murder?

8:41 am
Tongo 'completely unreliable as witness'
Van Zyl: "Tongo said Barkhuizen put things in there that he never said. That cannot be true.
"Tongo... proved himself to be a completely unreliable witness.
"I know, at this juncture, improbabilities do not play a role. Mr Tongo was not just a taxi driver."

8:35 am
Taxi driver's statement was careful
Van Zyl: "You will recall that [with] Mr Tongo, on what we know, there was already talk of him handing himself over in terms of a plea agreement.
"His attorney is with him when that statement was made. He made it to [police] Col. Barkhuizen. He's an old hand. He must have made sure that the affidavit was correct. This is not your average police station.
"It's clear Barkhuizen took his time to condense what Tongo told him.
This is our approach - discrepancies in the witness's statement and what was said in court. It is clear that a lot of time and energy was spent, even with his attorney, on this statement."

8:34 am
Contradictions in evidence
Van Zyl: If we go to Mbolombo's evidence as to what was discussed, he said the discussions revolved around what to tell the police with no talk about implicating Dewani.
"They did speak to each other on the Wednesday. They knew about Mngeni's arrest.
"Surely if one looks at the evidence, it raises all sorts of questions.
"We have in the cross examination of Tongo and other two witnesses, highlighted contradictions and what he eventually testified to in this court.

8:24 am
Case relies on taxi driver Zola Tongo
"Tongo is the only witness to testify that the accused was part of the conspiracy.
"Qwabe and Mbolombo's evidence of the conspiracy relies entirely what Tongo told them.
"The phone calls between Tongo and Mbolombo on the Wednesday. There were a number of calls. On the Tuesday, Mngeni was arrested."

8:24 am
There was a conspiracy
Shrien Dewani listens intently, and glances from his counsel to the media bench.
Van Zyl: "The only version we have, is that of Tongo. The mere fact that there was telephone communication between him and the accused cannot corroborate what was said between them.
"We are not saying there was no conspiracy. Clearly there was a conspiracy between Tongo, Mngeni and Qwabe.
"The question is, was the accused part and parcel of that conspiracy?"

8:15 am
'No credible evidence on which to convict'
Van Zyl: "Tongo's evidence is of such poor quality, similar to Qwabe and Mbolombo. The court must look at if there credible evidence.
"There's no credible evidence on record, on which the court can convict."
The lawyer is now citing case law.

8:12 am
Whole case is built on conspiracy
Van Zyl: "The evidence to prove the conspiracy in the main, it's the evidence of Tongo.
"That is the only evidence before this court (Tongo's evidence). The whole case is based on conspiracy.
"Tongo is the pillar on which the state's case is built."

8:07 am
Judge: It's my decision
Judge Jeanette Traverso has said the decision is hers alone.
Defence lawyer Francois van Zyl has begun setting out his bid.
He starts by explaining what his client Shrien Dewani is accused of. He speaks about the convicted conspirators.

8:02 am
Proceedings resume
Court has now resumed for today's significant hearing.
Both the Hindocha and Dewani families have arrived and are seated in court.
The defence team should be speaking first, to make their acquittal bid.
 
7:59 am
Anni's family arrive
Like every day of the trial so far, Anni's grief struck family have arrived at court today.
This time though, they will no doubt be concerned that the trial that have waited so long for will be thrown out.
As ever they can be seen wearing their badges, showing Anni's beaming face.

7:58 am
Video summary
Here's a neat summary of the defence's acquittal bid that is due to be heard shortly.
ENCA news published the report last week ahead of today's make-or-break hearing.
The clip, which includes footage of murder-accused Dewani, is presented by South African journalist Leigh-Anne Jansen who has been providing Twitter coverage of the trial throughout.

7:52 am
Dewani packing his bags?
This picture shows Shrien Dewani carrying boxes at the psychiatric hospital he has been held at - is he packing his bags to go home?
Dewani has been at the Valkenberg psychiatric hospitalsince his extradition to Cape Town in April.
A course told the Daily Mail the 34 year-old Dewani 'is on top of the world' at the prospect of going home a free man.
"He's very happy," the unnamed source told the paper. "He is in good spirits. He is on top of the world."
Mike Behr/Noble Draper Shrien Dewani seen moving boxes inside the Valkenberg hospital, Cape Town today.

7:43 am
The state's case
The state alleges that Dewani conspired with others to stage the hijacking, for which he paid 15,000 rand - less than £1,000 at the 2010 exchange rate.
Dewani maintains the money was actually for a surprise helicopter trip which Tongo was helping to arrange.
Tongo is serving an 18-year jail term and Qwabe is part-way through a 25-year jail term. Mngeni was serving life in jail for firing the shot that killed Mrs Dewani, but died in prison from a brain tumour on October 18.

7:34 am
Decision today?
South African journalists are reporting that it is 'unlikely' we will get a result today, but given the way the trial has gone so far you never know.
The judge will hear from both sides about whether the case should be thrown out.
The prosecution will clearly be keen to avoid what would be an embarrassing end to their case against the accused.

7:27 am
World's media gathers
The world's media have returned to the Western Cape High Court in anticipation that Shrien Dewani might be acquitted.
If the discharge is granted, he would be a free man. If not, the trial will continue as scheduled.
As you can see the crowds are gathered ahead of an expected 8am UK time start.

7:24 am
Bid to throw out case to be heard today
Western Cape High Court judge Jeanette Traverso is due to hear submissions on an application to throw the case out due to lack of evidence today.
If successful it would mean Shrien Dewani could walk free from court an innocent man.
It comes after defence counsel Francois van Zyl said last week his team would make an application to the judge under section 174 of the Criminal Procedure Act.
It provides that the court may return a not-guilty verdict if the judge feels there is insufficient evidence to convict at the close of the prosecution's case.
Dewani is on trial for allegedly plotting with shuttle taxi driver Zola Tongo, Mziwamadoda Qwabe and gunman Xolile Mngeni.
The defendant, extradited from the UK after a lengthy Home Office battle, claims the couple were hijacked while Tongo drove them through the rough Gugulethu township in his taxi on Saturday, November 13, 2010.
He was released unharmed and Anni was driven away. Her lifeless body was found in the abandoned taxi in Khayelitsha the next morning - she had been shot.

[Eleanor]

Thanks, Anna.

God, what a farce.

[Anna]

Part 2

 

  Nov 24, 2014 13:48 
By Sam Rkaina
 

The 34-year-old is on trial in South Africa accused of plotting to have his new bride Anni shot dead
 
 

10:21 am


Poor quality evidence

Dewani's lawyer is arguing the case should be thrown out primarily because of the 'poor quality' of his accusers' evidence.

Van Zyl also touches on forensics, but makes no mention whatsoever of his client's sexuality.

The lawyer is now looking at Tongo's evidence where he explains to Qwabe and Mngeni what has to be done.



10:30 am

 

Poor memory

Van Zyl reads from the records of Zola Tonga's testimony, in which he couldn't remember whether Shrien Dewani told him where the money would be.

Van Zyl: "My Lady, there's a lot riding on this. How could Monde tell them the previous day, what should happen?

"We have two stories from Tongo. One, the car would be left where they killed the woman and two, the car should be left near a car wash."



10:40 am

 

It's a made up story

Van Zyl: "Throughout Tongo's testimony, he stuck with the business partner had to be killed, not the husband wanted the wife killed.

"If we look at the objective facts, the accused made an appointment for dinner at 96 Winery Road restaurant. Mbolombo says Tongo told him that he was taking the couple to a restaurant in the Somerset West area.

"It's a made-up story to incriminate the accused."





10:57 am


Case adjourns for lunch

The case has now adjourned for lunch.

So far this morning we have heard Shrien Dewani's defence lawyer Francois van Zyl opening his bid to have the case thrown out.

He has argued that there is simply not enough evidence to convict the Bristol businessman of any involvement in the killing of his wife Anni.

Stay with us through lunch and we will look at what we've heard today in more detail.

Court will likely resume at around 12.30pm for the afternoon session.



11:07 am

 

This morning's recap part 1

Lawyers for Shrien Dewani today launched an attempt to get his murder trial thrown out of court, paving the way for him to fly back to Britain a free man.

The application follows a lacklustre prosecution case against Dewani which has produced little or no concrete evidence linking the 34 year old businessman to the honeymoon murder of his 28 year old wife, Anni, four years ago.   

The state’s case – that Dewani recruited a taxi driver, Zola Tongo, to organise the fatal shooting disguised as a carjacking in a rough township – struggled to gain traction during the testimonies of 16 witnesses following a string of successful rulings in favour of the defence.

 
CCTV captures the moment Shrien Dewani 'was told his wife had been killed' Court sees hotel CCTV



11:22 am

 

This morning's recap part 2

Francois van Zyl opened his application by slamming the state's 'sole witness' to Dewani's alleged role in his wife's murder as "lacking in credibility".



Taxi driver Zola Tongo was, according to the prosecution, recruited by Dewani to organise hitmen to a fake carjacking as the cover for his wife's death.

Mr van Zyl asked the judge - who will alone rule on whether to clear Dewani - to agree that his client could not be convicted on the strength of what the driver told the court - testimony of "such poor quality it cannot be reliable," Mr van Zyl said.

Zola Tongo (pic: Pixel)
Trial: Murderer Zola Tongo was fetched from prison to give evidence in court earlier in the trial



11:31 am

 

This morning's recap part 3

"Tongo is the pillar on which the state's case is built. If that fails, the whole state's case fails with it," Mr van Zyl told the Western Cape high Court.

Another central plank of the prosecution case - that Dewani led a secret gay life that motivated him to want to be out of his new marriage - fell away on day one of his South African trial last month following a dramatic admission that he was a ‘bi-sexual’ who had paid gay prostitutes, frequented clubs and surfed ‘hook up' sites to satisfy his sexual urges.



Dewani has spent the last few days meeting his family and legal team at the high-security psychiatric hospital, where he has been held since his extradition from Britain in April, to agree a strategy for the end of his trial.

In the best possible outcome for him, Judge Jeanette Traverso could clear him of all charges and free to board a plane back to Britain within hours.


eNCA Shrien Dewani arrives at court.

Shrien Dewani arrives at court



11:44 am

 

This morning's recap part 4

Even if the judge, who sits with two assessors and no jury, does concur with the prosecution that the trial should run its course – Dewani may still not have to face tough questioning in the witness box.

His legal team are entitled to call no witnesses in Dewani’s defence – only give their closing argument - and the judge could still rule that there is insufficient evidence before the court on which to convict him 'beyond reasonable doubt'.

Mr van Zyl added that there was no doubt that there was a conspiracy targeting Mrs Dewani, but asked "was the accused part of this agreement? What were the terms of this agreement? The mere fact that yes, there was a hijacking, the lady was robbed, the question is was the accused part and parcel of this conspiracy."

"This (application) will stand or fall with Tongo's evidence."

Anni Dewani
Anni Dewani



11:58 am

 

This morning's recap part 5

The public gallery was packed for the unusual application brought on day 23 of the high-profile trial. The families of both Dewani and his dead wife were also in court, as they have been every day of his trial.

Dewani looked particularly animated as his lawyer introduced five themes of arguments in support of his application. His eyes darted between Mr van Zyl, the judge and the three benches filled with reporters.

Moving on from the claims of Tongo, whose statements to police and evidence to the court was "riddled with contradictions" Mr van Zyl moved on to the incredibility of the story that Dewani had hired him to kill someone within minutes of meeting him.

"How probable is it that this foreigner would arrive in this country and within half an hour asks him (Tongo) to find a hitman to kill someone," Mr van Zyl asked the court.

"This is one of two or three huge improbabilities - which cannot be irrelevant."

Shrien Dewani and Anni Dewani (Pic: PA)
Shrien Dewani and Anni Dewani (Pic: PA)



12:06 pm

 

This morning's final recap

Mr van Zyl referred to CCTV footage of the newlyweds kissing and posing for photographs at the Cape Grace hotel as they waited for Tongo to collect them on the night Mrs Dewani was killed.

"We ask ourselves how probable it is this man knowing that this person he is kissing will be dead within an hour," he said.



Mr van Zyl highlighted the fact that his client reportedly short-changed the killers, paying them just R10,000 for the hit, rather than the 15,000 he had promised.

How likely was it, Mr van Zyl asked, that his wealthy client would have cheated "dangerous people" who had just committed a murder.

"He's prepared to short-change these killers. What is going to happen to him if they find out they've been short-changed. That's a hige risk to take."

As Mr van Zyl spoke, the parents of the dead bride exchanged anxious looks.


Adrian De Kock / Barcroft Shrien Dewani arrives at the Western Cape High Court for the trial of the alleged murder of his wife Anni

Shrien Dewani arrives at the Western Cape High Court for the trial of the alleged murder of his wife Anni



12:17 pm


Proceedings resume

Proceedings have now resumed after the lunchtime break.

Defence lawyer Francois van Zyl will now resume his application to have the case against his client thrown out.

He is currently discussed the issue of payment for the alleged 'hit' against Anni Dewani.



12:24 pm

 

Witness changed evidence to suit the occasion

Van Zyl: "How easy was it for Tongo to change his evidence to suit the occasion?

"According to Tongo it was decided between him, Mbolomo and Qwabe that they will meet at the hi-jack place later.

"Tongo couldn't say whether he called or sent a text, informing Qwabe that the money was behind the seat."






12:28 pm

 

Getting into the car

Van Zyl: "He says he was forced to the back seat. That flies in the face of the accused's plea explanation."

"'The first man got into the driver's seat and pushed me over to the passenger seat. The second man got into the back of the vehicle Dewani and the lady'.

"My Lady, that is not what happened."

Traverso: "Then Mngeni had to be aware that the child locks were on."






12:35 pm

 

Anni's family look 'tortured'

Now the lawyer is moving on to the CCTV of the "private" conversation between Tongo and Dewani at the Cape Grace hotel.

Van Zyl: "One would have expected that conversation to be relayed to Col. Barkhuizen, when giving his affidavit.

"Why would he ask Tongo if he was OK? According to Tongo, this was an agreed hijacking. Why are you OK, are you fine?"






12:37 pm

 

Looking at the cameras

VZ: "Dewani must've thought Tongo was injured. If Tongo is to be believed that he was offered R5,000, he is now alone with the accused. One would've expected him to ask.

"He never discussed it with the accused, at all, he says. This atmosphere that was created that he walked out of sight of the camera. Those are glass doors. The police could see him

Traverso: "There is also evidence that he was alerted to the cameras, and then looks up."

Van Zyl: "That is the evidence, but where does he return to? Back inside, in view of the cameras."



12:43 pm

 

Noisy courtroom

It appears to be a noisy day in court today.

Earlier the judge looked visibly annoyed by banging outside the courtroom as the afternoon session resumed.

Now the accused is apparently annoyed by the loud banging of a door in court.






12:45 pm

 

Claims are nonsensical

Now the lawyer moves on to receiving the R1,000 payment from Dewani.

Van Zyl: "One can almost say, really?? It's nonsensical.

"Clearly we are dealing with a witness who can twist (the story) to suit him."



12:56 pm

 

Monde's role

Van Zyl: "It shows how witness can 'manufacture' evidence to tie in what is on the CCTV footage.

"Now we get to Mbolombo's role. Tongo said 'Monde connected me to those young men'.

"Mbolombo was in control of what happened that night."






1:03 pm

 

Judge sees flaws in case

Traverso: "What's still not clear to me is why did Tongo immediately go to Mbolombo?

"Why? Because he's a man from the township?"

Van Zyl: "The probabilities are stacked against that argument. (Tongo a neatly dressed guide,who Shrien happens to approach for a hit)"






1:05 pm

 

Evidence not worth the paper it's written on

Van Zyl: "A complete stranger, arriving in South Africa, asking a (seemingly) reputable taxi operator: 'Can you find me someone to commit a murder?'"

Tongo's evidence, Van Zyl says, "is not worth the paper it's written on".

The lawyer is doing his best to completely demolish Zola Tongo's credibility, upon whom much of the prosecution's case rests.






1:08 pm

 

Contradictions are clear

Van Zyl: "There's something more in this case than what this court has heard.

"We don't even have to go to Qwabe and Mbolombo. The contradictions are clear.

"Even if the accused is a poor witness, the court cannot use that as credible evidence."



1:11 pm

 

Problems with hitman's evidence too

Van Zyl: "They didn't drive into the bushy area, instead into the residential area. It does not make sense.

"Something is amiss here."

Van Zyl moves to Qwabe: "Even the state has conceded he 'was not the best witness'.

The problem with hitman Qwabe's evidence, Van Zyl says, is his account of Mbolombo's role, and of how Anni was shot.



1:20 pm

 

Hitman's evidence was nonsense

Van Zyl: "Qwabe's version that Mngeni shot the deceased and how it happened is not true. The fingers point to Qwabe as the shooter.

"Qwabe testified that Mngeni shot the deceased while he was sitting in left front passenger seat.

"Qwabe's evidence that Mngeni shot is nonsense."






1:28 pm

 

Evidence is a lie

Now we are moving onto the forensic evidence regarding the gunshots themselves.

Van Zyl: "We had primer residue on the left hand glove. We heard evidence that that is where they normally look for residue.

"We had a glove mark on left rear door. He was the only one with gloves. He says "maybe when I looked for the cartridge"

"What is his glove mark doing on the outside of the left rear door.

"The marks on the deceased's leg were made with the right hand. We see primer residue on the left hand. All this ties in. Mngeni could not have shot the deceased as Qwabe said he did."






1:33 pm

 

Where do the lies end?

"Qwabe's evidence that Mngeni shot the deceased was a lie. Why is he lying?" asks Van Zyl.

Yet Mngeni was Anni Dewani's convicted shooter.

Van Zyl: "Other indications that he was not truthful in his evidence. He gave three versions of who allegedly removed money from the pouch.

"when confronted with these three versions, asked which one is correct, replied 'I cannot recall exactly ma'am.'"






1:37 pm

 

Judge concerned by conspiracy

Traverso: "What concerns me about this conspiracy is that we have a very clear agreement as to how much money was going to be paid, where they were going to meet the hijackers, who was going to be put off where.

"And then the plan just falls flat.

"What was going to happen to the car? Where would she be killed?"



1:43 pm

 

Court adjourns until tomorrow

Van Zyl and the judge are almost conversational on the 'unbelievable' state case.

Van Zyl says the prize for lying in court "must go to Mr Mbolombo."

The case has now adjourned until tomorrow, when the defence will likely conclude their application to have the case thrown out.

After that the prosecution will have the chance to argue it should continue.






1:47 pm


Live coverage concludes

Our live coverage of the Shrien Dewani trial today has now ended.

Today the defence began an application to have the case thrown out due to a lack of evidence.

Defence lawyer Francois van Zyl argued that the prosecution case against the Bristol businessman was full of holes, and that the states main witnesses - including Anni's convicted murderers - were totally unreliable.

The judge will have the final say, and if she decided to agree to the application, Dewani will walk free from court an innocent man.

Throughout the hearing today, the judge appeared to agree with a number of the defence's points, raising a number of her own questions about the apparent weakness of the state's case.

Join us tomorrow morning when the application resumes.
   

 

[Anna]

Thanks, Anna.

God, what a farce.

You are welcome Eleanor.

A farce is the least that can be said for this Fiasco of a trial. He'll get off!

[Eleanor]

You are welcome Eleanor.

A farce is the least that can be said for this Fiasco of a trial. He'll get off!

There is going to be hell to pay if he doesn't.

I think I said back along,  "Hello, hello, just arrived in South Africa, on honeymoon, half an hour ago.  Can you find someone to kill my wife?"
And the money doesn't make sense either.  Don't pay a hired assassin the full pittance that you offered him?

[Anna]

P

art 1

Nov 25, 2014 12:44
By Sam Rkaina


The 34-year-old is on trial in South Africa accused of plotting to have his new bride Anni shot dead



The trial of a businessman from Bristol accused of murdering his wife on their honeymoon may be on the verge of collapse after defence lawyers signalled for the case to be thrown out.

Care home entrepreneur Shrien Dewani, 34, has always denied plotting with others to kill new bride Anni Dewani on a luxury honeymoon in Cape Town, South Africa, four years ago.

Prosecutors claim the millionaire, who is bisexual, wanted out of his marriage and arranged a "hijack-gone-wrong" in which Anni would be killed and her husband escape unharmed.

But Western Cape High Court judge Jeanette Traverso has dismissed sections of the state's case, describing evidence about Dewani's sex life as irrelevant, while prosecution witnesses have included men already convicted of Anni's murder.

On Monday Defence counsel Francois van Zyl began an application to the judgeunder section 174 of the Criminal Procedure Act.

It provides that the court may return a not-guilty verdict if the judge feels there is insufficient evidence to convict at the close of the prosecution's case.

The application ended today and the judge decided she needs two weeks to make a decision.

The trial will resume on Monday, December 8 when she will announce whether it is to continue or whether Dewani can walk out of court a free man.

For a full recap of todays developments, see below.




7:20 am


Application to acquit to continue this morning

Millionaire businessman Shrien Dewani is waiting to hear if he will be free to return to Britain after his legal team yesterday launched a bid to have him cleared of all charges relating to the honeymoon murder of his new wife.

Lawyers told the judge presiding over his six week trial that the case against Dewani, 34, was "riddled with inconsistencies" and so "highly improbable " that he should be found guilty of any part in the plot to kidnap and murder Anni, 28.

Francois Van Zyl spent the entire court session tearing apart the prosecution's case, built on the testimonies of 16 witnesses, poking holes in the evidence which provided little, or no link between Dewani and his wife's fatal shooting in November 2010.



7:30 am



Prosecution case

The prosecution alleges that Dewani recruited Zola Tongo to find two hitmen to murder his wife, only half an hour after meeting him for the first time.

Despite, having never being in the trouble with police before, and having a good monthly income from operating a shuttle service, Tongo immediately agreed to help Dewani and involved another friend, who also also had a job and no criminal record.

"How probable is it that this foreigner would arrive in this country and within half an hour ask him [Tongo] to find a hitman to kill someone," Mr van Zyl asked the court, incredulously.



7:42 am



Dewani was 'innocent victim'

As Mrs Dewani's family shifted nervously on their wooden benches seats as the prospect of seeing their son-in-law walk free from court appeared increasingly likely, Mr van Zyl continued to portray Dewani as the innocent victim of a callous plot.

"What you have is a made-up story to incriminate the accused," he said, pointing towards the dock. "All the alarm bells start ringing."

The wealthy care home owner was flown to South Africa in April following a nearly-four year extradition battle.

He and his Swedish-born wife of two weeks were carjacked as they were driven by Tongo through a township late a night. Dewani and the driver were released unharmed, but Mrs Dewani was driven off into the night, her body was discovered the following morning with a fatal gunshot wound to her neck.



7:44 am



Court to resume after 8am

This is the lawyer who is hoping to make Shrien Dewani a free man.

Francois van Zyl began his application to acquit his client yesterday and is set to continue that bid today.

After the lawyer has made his case, the prosecution will have the chance to object before the judge makes the final decision.






7:52 am



Advocates arrive in court

Days after the murder, Tongo turned state witness and agreed to give evidence against Dewani and one of the hitmen in return for a reduced sentenced.

As the only alleged witness to Dewani's expressed wish to see have his wife murdered under the cover of a fake carjacking, Tongo's testimony was key, Mr van Zyl said yesterday.

"Tongo is the pillar on which the state's case is built. If that fails, the whole state's case fails with it," he told the judge, who throughout the lengthy summary made her own observations that appeared to reflect the defence's doubts about the merit of the evidence against Dewani.

At the end of the highly-charged hearing a source close to the prosecution said he feared, "the judge seems to have made up her mind already."






7:59 am


Dewani could be home by end of the week

Prosecutor Adrian Mopp is expected to present his side of the argument.

Reports have said Dewani could be free to return to England by the end of the week if the judge feels there is insufficient evidence to convict him.

The state's case is that the millionaire, who is bisexual, wanted out of his marriage and arranged a "hijack-gone-wrong" in which Mrs Dewani would be killed and he would escape unharmed.

But Judge Jeanette Traverso has dismissed sections of the state's case, describing evidence about Dewani's sex life as irrelevant, while prosecution witnesses have included men already convicted of Mrs Dewani's murder.



8:11 am



Day 24 of trial begins

Now it's the turn of prosecutor Adrian Mopp to convince the judge to keep the trial going.

Mopp: "The court enquired about the conspiracy yesterday.

"Direct communication between all conspirators is not a requirement. How one should approach the evidence?

"There's a danger of approaching evidence with our own paradigm of how it was to be.

"That's our own world view: that we can't fathom a hit been planned in two days."



 



8:13 am



Conspirators had financial problems

Mopp: "I'm sketching abroad background before dealing with specifics. Both Mbolombo and Tongo had vulnerabilities (financial).

"Qwabe and Mngeni were in a world where they had access to firearms. Unemployed.

"Tongo [is a] young man who starts his own business to improve his life. Not in conflict with the law. Admits his involvement."






8:16 am



Hunger is over

Mopp: "The question of the major improbabilities as part of the critique against Tongo's evidence...

"If one has regard to Tongo's own evidence. He said he was persistent in marketing himself. In fact, quite desperate.

"He thought "hunger is over." Our submission is that it is not so improbable. The accused must've been impressed by Tongo."



8:18 am



Anni wanted a divorce

Judge Traverso: "Shouldn't you see that aspect from the side of the accused as well? He came to a strange city. He knows his name is Robert Tongo.

"Other than that, he knows nothing. He asked this strange person."

Mopp: "One does not know what went through the accused's mind."

Traverso: "Of course we don't know. What we do know is that Anni Dewani wanted to divorce him."



8:18 am



Tongo did make mistakes

Mopp: "If one has regard to the essence of what transpired, the only difference is when in his (Tongo) evidence, the deal transpired....

Traverso: "Mr. Mopp, I don't mean to interrupt. How many mistakes did Tongo make?"

Mopp: "We concede, a number. But how many were material? There aren't many that were material."



8:21 am



Judge critical of prosecution

The judge's comments are not a good sign for the prosecution.

Anni's family are sitting very close to Adrian Mopp looking concerned as he's taken to task by the Judge over his poor witnesses.

The judge says credibility does play a part.






8:24 am



The husband wanted the lady killed

Mopp: "His evidence is that he wasn't sure that it was the wife."

Traverso: "No, he was adamant it was the business partner. So much so that he said the woman who came out of the Cape Grace was a different woman."

Mopp: "Yes we concede that, My Lady."

Mopp refers to Mbolombo's testimony.

" 'There was a couple. Married people. the husband wanted the lady killed...'

"Mbolombo's evidence was quite emphatic about what was relayed to him."



8:27 am



Question of payment

Mopp: "The question of payment. Tongo was adamant he would get paid R5,000 after the job was done.

"It's improbable that there was no discussion about payment. Tongo's omission to police is not so improbable."

Traverso: "Mr Mopp, was it at all times common cause that the money would come from Mr. Dewani?

Mopp: "Correct and only Mr Dewani."

Traverso: "Is there any evidence of how that money would come from Mr Dewani?"

Mopp: "The agreement was that the money would be left in the cubbyhole."

Traverso: "Who would leave the money in the cubbyhole?"

Mopp: "There was no agreement who would put it there."



8:32 am



Judge frustrated by holes in the case

Traverso: "Do we have any evidence of how Qwabe and Mngeni would get the money to others?"

Mopp: "That was not the agreement.

"There was no agreement that Qwabe would split the money with anyone else, other than Mngeni."






8:37 am



They were thinking about the money

Mopp" There was no detailed discussion. How we're going to do it? When? That didn't cross their mind.

"They were thinking about getting the job done to get the money. It's as simple as that.

Traverso: "It's not as simple as that."

Mopp: "I'll address the court on that."



8:39 am



Would the accused have gone along with a muddled conspiracy?

Traverso: "You're relying on conspiracy, not so?"

Mopp: "Correct."

Traverso: "Do you think the accused would go along with loose arrangements?"

Mopp: "My Lady, one doesn't know what the accused was thinking. He meets Tongo and Tongo becomes the agent. He had to rely on Tongo that things are in place.

"The witnesses are in agreement. Someone had to be killed and there was a fee of R15,000. Much the same as deal that Saturday."






8:44 am



Mistaken about the money

Mopp: "It's more than probable that HE (Qwabe) is mistaken (about the payment arrangements).

"'Tongo does appear to exaggerate that the accused wants the transaction to be done'."

Traverso: "That could be deadly for the accused if that it to be upheld."

"Mopp: If his intention was to persist with that (in his affidavit - death threats) he could've done that. He didn't. He didn't want to cloud the court's mind."



8:46 am



Where's the evidence?

Traverso: "Is the State persisting that this money was exchanged to pay the killers?"

Mopp: "Part of the money that was exchanged would've been required to pay for the hit."

Traverso: "Where is that evidence?"

Mopp: "It's an inference we can draw, My Lady."






8:49 am



Irritation all round

Dewani is mouthing 'oh my God' as he listens to the State say the accused was controlling things.

Mopp seems irritated by the judge's volley of questions.

He now raises his voice. "If you involve yourself in criminality, who knows?"



8:54 am



Criminals can't be trusted

Judge: "So you're asking me to believe that even though Dewani was a co-conspirator, he himself is robbed of R4,000?"

Mopp squeaks: “In for a penny in for a pound! If you engage with criminals, you don’t know what’s going to happen!”

Dewani looking at his quizzically, head cocked to one side. Mopps points out these are criminals, cant be trusted to stick to the deal.






8:58 am


Tongo lied

Mopp says the impression was created that Tongo lied to the court about Spra on his phone's contact list.

It was Mngeni using the phone on that day.

Tongo didn't have the phone anymore. (The phone was in Mngeni's possession).

Judge accepts that argument.



9:01 am



Like 'a tiger tossing a mouse'

The judge appears to be giving the prosecution short shrift this morning, perhaps in a sign of things to come.

The Dewani is case disintegrating before our eyes says the Telegraph's Auslinn Laing.

The judge waving her arms exasperatedly, prosecutor Mopp squeaking indignantly in defence.






9:05 am



Dewani locked in

Mopp: "The issue with the child lock is just a level of detail Tongo doesn't disclose to the accused.

"Just like the exact hijack location in Gugulethu

"Tongo knows no serious harm will come to Mr Dewani."

Traverso: "But he locks him in!"

Mopp: "He doesn't know where the person who will be killed will be sitting. It's not so improbable. He knows that Mr Dewani will get out unharmed. It's not so hard, My Lady.

"On his evidence, the door would be opened for Mr Dewani."



9:08 am



State is struggling

Dewani is leanly forward with a smile playing on his lips as the judge repeatedly asks questions which the State struggles with.

Clearly this morning is going well for the acquittal bid.

But will it be enough to make the judge scrap the trial altogether?






9:15 am



Court adjourns for tea

Mopp: "It's not in dispute that the accused asked the cleaner to leave.

"If one takes regard of the nature, it's not surprising why the accused asked the individual to leave (referring to the private Cape Grace meeting between Tongo and Dewani)

The hearing has now adjourned for a tea break, and the judge has requested the senior lawyers see her in chambers.

[Anna]

Part 2     25th nov

9:46 am



Proceedings resume

And we're back from the tea break, when the judge asked to see both legal teams in her chambers.

Prosecutor Adrian Mopp is back making his argument to keep the case alive.

Mopp touches on the fact that Tongo and the Dewanis as well as the hitmen, went to Gugulethu twice.






10:04 am



Did Qwabe shoot?

Mopp reads from the court records: "The positive result for primer residue is not indicative that Qwabe fired the shot".

"We respectfully submit that there are too many variables for this court to make definitive findings(whether Qwabe shot)."

Mopp now refers to Qwabe's evidence of Mngeni's position in the vehicle.






10:16 am



How many guns?

Qwabe couldn't provide an accurate account of Mngeni or Anni's positions at the time of the shot.

He did concede, however, that Mngeni was on the front seat.

Mopp: "The exact position of the deceased is difficult for the court to make a finding.

"The defence is not submitting that the court makes a finding that Qwabe fired the shot.

"The question of the other firearm. Tongo says there were two firearms. Qwabe said he made endeavours to get a firearm

"During the Mngeni trial, Qwabe denied that he went in search of a firearm."






10:18 am



Evidence was a lie

Mopp: "Any contradictions between Tongo and Qwabe on material matters, must be resolved in Tongo's favour."

Mopp argues that despite Qwabe's vague memory, there is basis for the court to attach sufficient weight to his evidence of the conspiracy and that the agreed to partake in the crime, for a fee of R15,000.

Traverso: "What do you make of Mbolombo's evidence that Tongo received a call from the accused on that Saturday. We know there was no such call."

Mopp: "We know there was no such call. But let's have a look at what he says about that call. The important part is not the call."

Traverso: "But every aspect of that evidence must be a lie."



10:20 am



Hijacking had to work first time

Traverso: "Can the court make a finding that the hijacking had to take place the first time?"

Mopp: "The court can make make a finding My Lady. It is consistent with the factual matrix. There needed to be an end destination.

"You can't just drive from town to see Mzoli's. There is sufficient evidence that the crime had to happen the first time."

"A reason had to be found for the entire group to be in Gugulethu on the second occasion. The accused's version is consistent with that, that the deceased wanted to go back. They'd already been there. Why go back at that time of the night?"






10:22 am



Explanation is 'a quantum leap'

The State's been reduced to arguing one of the witnesses isnt as bad as the other when it comes to Tongo or Qwabe, according to Sky's Alex Crawford.

The state is making a lot of allowances for his witnesses poor memories, she adds.

"Qwabe's inability to recall is not, with respect, akin to him being untruthful", Mopp argues.






10:25 am



Believe this witness more than that one

Mopp tells the judge that if she's going to disbelieve one of his witnesses when they contradict each other, it should be Qwabe, not Tongo.

Mopp: "If Qwabe was in fact the shooter,why would he put himself through coming to court to give evidence twice in Dewani and Mngeni trials?

The prosecutor argues Shrien's claim Anni wanted to go to Gugulethu the second time to "see the nightlife" was inconsistent - they'd been there once already.






10:30 am



Judge picking more holes in evidence

Traverso: "Are you submitting that Mbolombo was a good witness?"

Mopp: "He did start at a deficit. Insofar as his own involvement, he was truthful. I submit that the court cannot dismiss him as an untruthful witness."

Traverso: "[There is a] problem with Stefanus and Mellet's evidence. They present suspicion in the accused's conduct. Then comes Lutchman."



10:36 am



More sinister

Mopp: "They were not trying to convince the court. They both made concessions that the accused was emotional.

"The accused offers an excuse for their return trip to Gugulethu. He takes the suspicion off Tongo. He says 'my wife wanted to see the township'.

"The reason for their return was much more sinister.

"The court is lead to believe that it is completely fortuitous that two people are waiting and lo and behold, the deceased wanted to go back into the township at that exact time?"



10:39 am



Judge agrees

"Was it just fortuitous that these two men were lying in wait and the deceased WANTED to go into the township?" Mopp says.

With this, the Dewani prosecutor scores a rare point and gets a nodding of the judge's head.

Mopp also raises the point that Dewani did not mention to Anni's family in his version of events his trip to money exhange.






10:43 am



Shrien's evidence not tested

Mopp points out that Dewani never disclosed to his family that he went with Tongo to change money on the Saturday morning.

Mopp: "That Shrien Dewani made no mention to Anni's family of the helicopter trip he later said explained his contact with Tongo is a powerful piece of evidence.

"The accused's explanation has not been tested. There is no reference. This is an important bit that cannot be ignored."



10:50 am



Court adjourns for lunch

Traverso: "Why did Tongo go to Mbolombo? Mopp raises a plausible argument....."

Mopp: "My Lady, if the court applies common sense. A young man, growing up in the township, on the straight and narrow, not involved in crime, will be able to tell you exactly where dagga (marijuana) is sold, where drugs can be bought, where alcohol can be bought, who the armed robbers are.

"My Lady, it is not so improbable.

"Of all the fares, why did he (Tongo) choose THIS couple? Why would this be the first fare targeted? There is no indication that he's done it before."

And with that the court adjourns for lunch, and should resume session at noon UK time.

Stay with us though as we will recap yesterday's hearing and see an emotional statement from Anni's family begging Dewani to take the stand.






10:57 am



Anni's family plea part 1

The family of Anni Dewani today pleaded with her murder suspect husband to go into the witness box and answer the allegations against him.

Shrien Dewani is said to have already packed his bags in preparation for his acquittal by a judge in Cape Town and is hoping the case against him will be dismissed without having to register a defence.

Prosecutors have today been putting forward their reasons why Dewani's case should continue after the Bristol businessman's legal team claimed there was no case to answer.

We will provide you with the family's full statement over the next few posts.



Anni Dewani and Sneha
Anni Dewani and Sneha
 



11:20 am



Anni's family plea part 2

Anni's uncle Ashok (pictured on the right below, earlier this year during a TV interview) said: "Shrien Dewani has said all along that he would like to clear his name. We believe the best way for him to do this is to go into the witness box and tell the court what happened.

"We want to hear it in his own words. We have waited four years for this to happen and it would not be right if he does not do it.

"Anni's death put an enormous strain on my family and the prolonged extradition case was almost unbearable.

"We have learned to be patient in the knowledge that the court in Cape Town would examine every bit of evidence."




Wenn

Family members Anish Hindocha and Ashok Hindocha appeared on 'Daybreak' this morning calling for justice Anni Dewani
 



11:28 am



Anni's family plea part 3

"The time for that is now. We, as a family of somebody who was so cruelly taken from us, expect to hear what he has to say as it has been four very long and difficult years.

"I believe Shrien's own version of events is crucial for us to get closure. If he feels he doesn't owe it to us, then he certainly owes it to his wife.

"There have been many statements given and we know what the other three accused had to say. We need to hear Shrien's version in the court too.

"He has admitted that he had been having sex with gay prostitutes through his lawyers, and that was a shock to us.

"But we as her family desperately need Shrien to go through the events of her murder so that the whole story is told fully and no questions are left unanswered."




ReutersDewani Trial

Vinod Hindocha, the father of murdered Anni Dewani, leaves court in Cape Town on the second day of the murder trial of Shrien Dewani, October 8, 2014
 



11:38 am



This morning's recap part 1

The men who planned to murder honeymooner Anni Dewani, from Bristol, were not "the A-team of contract killers", a court has been told.

Arguing that the murder case against her husband Shrien Dewani should not be thrown out, prosecutor Adrian Mopp told the Western Cape High Court in South Africa that the murder plot was amateurish and almost comical.

Lawyers for the millionaire businessman have asked a South African judge to throw the case against him out and allow him to return to England.






11:47 am



This morning's recap part 2

Francois van Zyl, defending Dewani, has claimed there are inconsistencies in evidence given against his client.

But countering the defence application, Mr Mopp said: "We know these individuals were not the A-team of contract killers. They could barely organise transport from Khayelitsha to Gugulethu.

"We are dealing with an amateurish attempt. If it were not for the killing of the deceased, it would actually be comical, the manner in which this matter was set about."


 



11:53 am



This morning's recap part 3

Mr Mopp argued that certain people, with their world view, would expect a level of sophistication in the planning.

Deputy judge president Jeanette Traverso said two of the hitmen, Zola Tongo and Monde Mbolombo, had fairly sophisticated jobs before they lost them.

Mr Mopp replied that that may be so but they were not involved in serious crime and had "vulnerabilities" that made them susceptible to being drawn into this world.

He added that fellow hitmen Mziwamadoda Qwabe and Xolile Mngeni were in a different category where they had access to illegal firearms and were unemployed.




GettyXolile Mngeni

Xolile Mngeni
 



12:06 pm



Court to resume session shortly

Court should resume for the afternoon session shortly.

Below we have a picture of Shrien Dewani's father Prakash stepping back into the court building in Cape Town.

The prosecution should resume it's arguments to keep the trial going when we come back in the next few minutes.






12:18 pm



Proceedings resume

And we're back in session now after the lunch time break.

Prosecutor Adrian Mopp will continue with his argument.

Mopp: "There had to be a conspiracy within a conspiracy to falsely implicate the accused. It's almost beyond them."






12:20 pm



No corroboration

Mopp: "Not totally unsatisfactory to draw the proverbial line through it. Tongo was the only person who communicated with the accused."

Traverso: "Is there any corroboration? No, is there?

Mopp:" Indeed, that's the test. I have to make that concession."



12:21 pm



Defence's raises points

Defence lawyer Francois Van Zyl is being given leave to response to a number of points raised by the prosecution.

Van Zyl: "I'm only allowed to reply to the law. I have nothing to say about that. But I have six points on the merits.

"According to his (Qwabe's) plea agreement... "Watti was sitting on the front passenger seat.."



12:28 pm



Time of phone calls

Van Zyl: "Then in his testimony..'I think he was sitting. I think he was at the front seat. He was sitting, had firearm in left hand'.

"Then that phone call from Monde to Qwabe, my learned friend says Monde could only obtain that knowledge from Tongo.

"But from the timeline there was contact at 18:37, then no contact between them (Monde and Zola) at all. Next call, at 21:33.

"My learned friend refers to Mbolombo's affidavit where he said he was not sure who the lady was, in support of Tongo."






12:30 pm



Cross checking State's claims

Defence lawyer has not been idle during lunch, looking up and cross-checking a number of the State's claims.

He is now turning to whether Tongo knew the person to be killed was a business partner or Dewani's wife.

This was a point of some contention earlier in the trial, with contradictory testimony between statements made to police and in court.






12:33 pm



No uncertainty

Van Zyl: "There was no uncertainty here, the person who had to be killed was the wife of this person

"Then, my learned friend makes reference to Tongo's statement. He created the impression that at the time this was happening, he didn't know who these people (Qwabe & Mngeni) are, hence using first man and second man.

"My learned friend make reference to transcripts of what was said to the family. That must be tested. Like I said yesterday..."






12:36 pm



Court adjourned for two weeks

And with that the case has been adjourned for two weeks.

The judge says she wants a proper amount of time to consider her judgment.

The trial will therefore resume on Monday, December 8, when Judge Traverso should announce whether the case will continue or Dewani is acquitted before ever having to take the stand.






12:41 pm


Todays coverage is over

Today's live coverage of day 24 of the Shrien Dewani trial is now over.

After two days the prosecution and the defence put their cases over whether the trial should be scrapped due to a lack of concrete evidence, or whether it should continue.

Judge Traverso will make the final decision in two weeks time. Throughout today's hearing she appeared to observers to be more sympathetic to the defence's argument.

She repeatedly picked holes in the prosecution's case, saying it rested entirely on the testimony of one, unreliable witness.

Whether her concerns are enough to abandon the trial before its normal conclusion remains to be seen.

If she does agree with the defence's application when court resumes on Monday, December 8, Dewani could be home within a matter of days. 

[Eleanor]

Can't actually hack this.  The Prosecution must all be mad.

But thanks for the colossal effort.

[Anna]

Can't actually hack this.  The Prosecution must all be mad.

But thanks for the colossal effort.

It all boils down to, all parties, calling all other parties, who do not agree with their opinion.....Liars.
Very unprofessional and a bit like a playground skirmish, really.
Laughable, if the charges were not so serious against Dewani.
Dewani should take the stand and justify his side of the story.......What is he afraid of?

[Eleanor]

It all boils down to, all parties, calling all other parties, who do not agree with their opinion.....Liars.
Very unprofessional and a bit like a playground skirmish, really.
Laughable, if the charges were not so serious against Dewani.
Dewani should take the stand and justify his side of the story.......What is he afraid of?

I can't go with that, Anna, because I don't think that he should be there in the first place.

[Anna]

I can't go with that, Anna, because I don't think that he should be there in the first place.

[/b]

I think that is All the more reason Eleanor, why he should defend himself against the accusations.

[Eleanor]

[/b]

I think that is All the more reason Eleanor, why he should defend himself against the accusations.

So any poor old sod who is accused must defend themselves in Court?  Despite the evidence being pretty nearly non existent?
You see, anything he can say will only look like excuses.  He can't actually prove that he wasn't involved.

Most of The South African Justice System has gone stark, staring mad.  But my thoughts on that are not for public consumption.

[Anna]

So any poor old sod who is accused must defend themselves in Court?  Despite the evidence being pretty nearly non existent?
You see, anything he can say will only look like excuses.  He can't actually prove that he wasn't involved.

Most of The South African Justice System has gone stark, staring mad.  But my thoughts on that are not for public consumption.

Anni's family want him to take the stand, because they need to know what happened to their daughter, from what Dewani knows and can tell the court.
If he has nothing to worry about, why would he not want to answer questions honestly?
If it was you or I, we would have to answer the questions, I should think, but haven't been in court, so not sure about that.
Would I just have someone say it all for me, if I am accused of murder or would I want to clear my good name?
What would we have to do, if it was us?

[Eleanor]

Anni's family want him to take the stand, because they need to know what happened to their daughter, from what Dewani knows and can tell the court.
If he has nothing to worry about, why would he not want to answer questions honestly?
If it was you or I, we would have to answer the questions, I should think, but haven't been in court, so not sure about that.
Would I just have someone say it all for me, if I am accused of murder or would I want to clear my good name?
What would we have to do, if it was us?

Her family could always actually talk to him.  But they believe that he is guilty.  Would you want to talk to someone that believed that you were guilty?