That isn't what occured, John. To suggest that the evidence simply fell short of the requirement for a guilty verdict, is inaccurate. "Beyond reasonable doubt" is a high bar. On that point we agree. However that is not the standard that the judge uses at the close of the prosecution case when an application for dismissal is being considered. At that stage, the bar is much lower. There simply needs to be some credible evidence for the trial to continue.
None existed. There was not a shred of evidence linking Dewani to the crime. And there was a stockpile of evidence proving the criminals made up the hitman story to incriminate Dewani, so they could gain leverage and negotiate reduced sentences. Read the judgement. Its all spelled out there.
Here's a dictionary definition of "exonerate". http://dictionary.reference.com/browse/exonerate
It has been a while since I read the judgement but what is clear is that Tongo's story was convoluted and ultimately highly confused. There were several areas however which in theory could have tied the alleged conspiracy together and which involved the making of several phone calls. In the event however, records failed to confirm most of these calls and texts which Tongo claimed Dewani made.
According to Tongo, the Dewanis arrived on the Friday and by that same night a plan had been put into place to kill someone the following night. I find that rather difficult to believe unless Dewani and Tongo were not strangers but in fact had some prior dealings, there is no evidence to suggest this was the case.
There are limited scenarios in this case. Did the hijacking occur without Tongos knowledge ie was he an innocent participant? The answer here is in his plea bargain. No innocent person will seek a plea bargain which would see them sentenced to 18 years in prison.
So we are left with two possibilities, either Tongo was telling the truth and agreed to set up a hit for a personal fee of 5,000 Rand or about £250 ( R15,000 or £750 going to the two killers) or Tongo was telling a load of porkies and it was he himself who set it all up as a hijacking/robbery.