Author Topic: Shrien Dewani trial commences in Capetown.  (Read 18827 times)

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Offline Anna

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Re: Shrien Dewani trial commences in Capetown.
« Reply #150 on: November 25, 2014, 09:45:06 PM »
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?

Why do you think that they have come to the conclusion of his guilt? They spoke to their daughter just before she died on that terrible night. I believe that she spoke in Swedish, to achieve privacy. What was all that about? Privacy? They were on honeymoon.
    I know that in many countries, the justice systems is corrupt, but they can't acquit every murderer, to be safe in the knowledge that justice prevailed
. What did the imprisoned murderer and conspirators, have to gain from lying?
“You should not honour men more than truth.”
― Plato

Offline Anna

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Re: Shrien Dewani trial commences in Capetown.
« Reply #151 on: November 26, 2014, 10:08:34 AM »
DailyMail
Wednesday, Nov 26th 2014

EXCLUSIVE 'We want to hear the truth in your own words': Anni's family begs Dewani to take the stand as judge says she will decide whether to throw out murder charge on December 8

British businessman appears confident case against him will be dismissed
His lawyers have urged judge to dismiss trial before he takes witness box
Anni's uncle says her family want to hear Dewani's version for themselves
He said: 'If he feels he doesn't owe it to us, he certainly owes it to his wife'
By Shekhar Bhatia and Jane Flanagan In Cape Town for MailOnline
Published: 08:51, 25 November 2014 | Updated: 13:55, 25 November 2014 The family of Anni Dewani today pleaded with her murder-accused husband to take the witness stand to answer the allegations against him.
Shrien Dewani is said to have already packed his bags in preparation for his acquittal by a judge and is hoping the case against him will be dismissed without having to register a defence.
But Anni's uncle, Ashok Hindocha, said the family wants to hear his version of events for themselves.
It came as prosecutors pressed their case for the trial to continue, arguing that Dewani repeatedly lied about his contact with the man he allegedly hired to kill his wife and blamed her for wanting them to tour a dangerous township on the night of her murder.
Prosecutor Adrian Mopp also insisted the men who planned the murder were not 'the A-team of contract killers'.
The case was adjourned until Monday, December 8, when the judge will give her ruling.

Anni Dewani's father Vinod Hindocha arrives at the Western Cape High Court in Cape Town where Shrien Dewani's lawyers are appealing to the judge to dismiss the murder charges against him
 
'All along, that's the only thing we have wanted and if he really loved Anni, as he claims he did, he should want to do that.
'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.'

Dewani's parents Prakash (right) and Snila Dewani (centre) arrive at the high court in Cape Town
He added: '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. 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.'

Dewani family depart court as Shrien denies conspiring to murder
Arguing that the case should not be thrown out, prosecutor Adrian Mopp told the Western Cape High Court in South Africa today that the men who planned the honeymoon murder were not 'the A-team of contract killers'.
In an often-impassioned argument against Dewani's application to be cleared of all charges, the court was also told how he had lied repeatedly about his contact with the man he allegedly hired to kill his wife and blamed her for wanting them to tour a dangerous township on the night of her murder.
In a bundle of arguments against throwing out the case against the wealthy care home owner, the state claimed he repeatedly gave 'falsehoods' in answer to questions from the police, his own family and the family of his murdered wife.
Dewani told four separate policemen that it was his wife, Anni, who had wanted to visit Gugulethu on the night of her death.
'This court is asked to believe that it is completely fortuitous that the deceased asked to see the nightlife in the township at the very same time that Qwabe and Mngeni were lying in wait to murder her,' South African prosecutors argued in their 67-page bundle.


+10
'High spirits': Dewani was pictured yesterday smiling and joking as he moved boxes apparently in preparation for his return to the UK

WHAT IS DEWANI CHARGED WITH?

1. The accused is charged with the following offences:
1.1. conspiracy to commit the offences of kidnapping, robbery with aggravating circumstances and murder (count 1);
1.2. kidnapping (count 2);
1.3. robbery with aggravating circumstances (count 3);
1.4. murder (count 4);
1.5. obstructing the administration of justice (count 5).
2. In count 1 it is specifically alleged that the accused conspired with Zola Tongo, Mziwamadoda Qwabe and Xolile Mngeni to commit the alleged offences:
'... by entering into an agreement with Tongo, in terms of which Tongo would procure the services of a person or persons to do one or more or all of the following:
2.1. simulate a hi-jacking of Tongo's motor vehicle;
2.2. simulate a kidnapping and robbery of Tongo and the accused; and/or
2.3. effect the kidnapping, robbery and murder of the deceased, Anni Dewani,
... and in that, according to the conspiracy agreement, the accused would provide payment to the perpetrators as well as to Tongo for the kidnapping, robbery and murder of the deceased, Anni Dewani'.
3. In counts 2, 3 and 4 it is alleged that the accused, Tongo, Qwabe and Mngeni acted in the furtherance of a common purpose to kidnap the deceased (count 2), to rob the deceased (count 3) and to kill the deceased (count 4).
4. Monde Mbolombo ('Mbolombo') is not alleged to have been part of the conspiracy to commit the offences or to have acted with the others in the furtherance of a common purpose to kidnap, rob or kill the deceased. His alleged role is limited to what is described in the summary of substantial facts as follows:
'Pursuant to the accused's request, on the same day Tongo contacted a friend of his Monde Mbolombo, who put him in touch with Mzimadoda Qwabe.'
5. It follows that 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 on any of the first four counts against him and accordingly also not on the fifth count.
Dewani also lied about his private meetings with Tongo, denying that the two men had spoken again after the driver had dropped them off at the hotel during their Cape Town leg of their honeymoon.
CCTV footage reveals that Dewani spent more than ten minutes chatting to Tongo after he and his bride of two weeks had checked in – something he omitted to tell his family, even when he was specifically asked.
The state's argument quoted from a meeting that was secretly recorded by a cousin of the dead engineer who had become suspicious of Dewani's behaviour in the aftermath of his wife's death.
The recording is evidence before the court and prosecutors quoted Dewani blatantly misleading his own brother, Preyen.
PREYEN: So this guy, you haven't spoken to him [Tongo] again that night [after being dropped off on Friday 12 November]
SHRIEN: No uh, uh, Zola we'd uh, he left us, when he dropped us at six and that was it. Yeah!'
He also omitted to tell the meeting - which had been called to smooth tensions over between the families of Dewani and his dead bride - that he had seen Tongo on the following afternoon, when the driver took him to a black market money changer – allegedly to get the cash to pay for the 'hit' on his wife.
Instead, Dewani claimed that he had not seen Tongo until he picked the newlyweds up to take them out later that evening for their last fateful dinner - which, if true, would not have given the men sufficiently opportunity to plot a murder.
Such 'falsehoods' could not be explained away, since the court had yet to hear any reason for Dewani's varying explanations, prosecuting authorities claimed.
Earlier, Mr Mopp admitted to the court that the conspiracy to kill Mrs Dewani had been chaotic, hastily-planned and almost 'comical, if it were not for the tragic consequences that flowed from it'.
He asked the court 'not expect a level of sophistication' from Tongo, and hitmen Xolile Mngeni and Mziwamadoda Qwabe, who were 'desperate' to make 'easy money' from a contract killing of a woman.
'We aren't dealing with an A-Team of contract killers,' Mr Mopp told the Western Cape High Court.
'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.'
Throughout the prosecutor's speech to the court, Dewani remained animated – often glancing towards the press benches to see how reporters were responding to the arguments.
Occasionally, he mouthed his own commentary, and made exaggerated expressions of incredulity.
'Really?' he mimed, ' no way' he mouthed later, shaking his head wildly as Mr Mopp's told Judge Jeanette Traverso that the murder plan may have been haphazard in its organisation, but it didn't mean that it was beyond the realms of possibility.
Dewani's brother, who is an Oxford law graduate and has sat behind the defence team for every day of the six week trial, chewed gum and openly smirked as Mr Mopp was forced to concede that even basic details of the murder plot, which the state claims was masterminded by Dewani, had not been thrashed out.
His sister Preyal, who has also been in court every day, sat in her usual place next to her mother, Snila, leaning forward listening to every word of the state's argument.
Yesterday, Dewani's lawyer launched a blistering attack on the prosecution case that he masterminded a plot to have his Swedish bride kidnapped and murdered on their honeymoon in an application to have all charges against him dismissed.
However, even if the judge rules that there is a case for Dewani to answer, it seems increasingly likely that the wealthy businessman will eventually be freed to return to Britain, without ever facing tough questions in the witness box.
His lawyers may well choose not to offer any evidence and still be confident of having Dewani acquitted.
The state's case against him appears to be sufficiently threadbare - following a string of successful applications by the defence to have some testimony excluded - to secure his acquittal without the need to mount a defence of five charges, including murder and robbery.

Dewani is charged with five counts relating to the kidnapping and murder of his wife of two weeks, Anni, (pictured) in a carjacking during their honeymoon to Cape Town in November 2010
Francois van Zyl reminded the court that it was not the job of the defence to prove his client's innocence, but for the state to make a case against him.
Dewani has changed his story about the events leading up to his wife's murder, in November 2010, on a number of occasions – in statements to police and media interviews.
'Even if the accused is a poor witness, the court cannot use that as credible evidence,' Mr van Zyl conceded yesterday.
By the end of yesterday's court session, the frequent interjections of the judge suggested she was open to the defence's view that evidence about the plot to kidnap and kill Mrs Dewani had failed to establish that her new husband was behind it.
'Yes, there was a hijack. Yes, Anni was shot. But there is no evidence Shrien Dewani was involved,' Francois van Zyl had told the Western Cape High Court.
In a 167-page bundle of arguments in favour of throwing out the case against his client, Mr van Zyl honed in on the testimony of the state's star witness – Zola Tongo, the taxi driver who claims he was hired by Dewani to organise the murder.
Since he was the only one of the killers who spoke directly to Dewani, the strength of the state's case rested on Tongo's reliability as a witness.
Putting aside the many inconsistencies between Tongo's various statements to police and evidence to the court, the fact that he agreed to organise a murder at the request of a complete stranger was one of 'many improbabilities' on which the case against Dewani is built.
Dewani is applying for his trial to be halted without needing to mount a defence on the grounds that the six week trial has presented 'no evidence on which a reasonable court, acting carefully, might convict.'
If the judge grants his application, the wealthy businessman would be cleared on all charges and allowed to return to Britain as a free man – perhaps by the end of this week.

http://www.dailymail.co.uk/news/article-2848459/EXCLUSIVE-Tell-truth-Shrien-want-hear-words-Anni-Dewani-s-family-begs-husband-stand-bids-murder-charge-thrown-out.html

“You should not honour men more than truth.”
― Plato

Offline Holly Goodhead

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Re: Shrien Dewani trial commences in Capetown.
« Reply #152 on: November 29, 2014, 11:36:16 AM »
I have every sympathy for AD's family.  The fact they had to learn SD was engaging in sexual encounters with male prostitutes etc while in an intimate relationship with AD must be quite literally gut wrenching for them.  They must feel very angry about this and the fact if it was a bungled robbery SD escaped and AD was murdered. 

I'm inclined to see it as a robbery, and possibly anticipated rape, that went badly wrong with the grieving relatives directing their anger at SD.

I thought a decision was to be made during the week whether or not the case was to be thrown out.

This article appears to be suggesting the judge has acted unlawfully but this seems to stem from campaigners for AD.  Reference to an international criminal lawyer is mentioned but no name  &%+((£

http://www.dailymail.co.uk/news/article-2852815/Judge-presiding-Anni-Dewani-murder-trial-biased-demonstrated-legal-failures-claims-international-criminal-lawyer.html

Justice for Sheila and Jeremy. Victims of poorly arranged baby scoop era adoptions. Australia has apologised. Time for the UK to do the same?  http://www.youtube.com/watch?v=5hVbokTpYeg http://www.parliament.uk/edm/2012-13/92

Online Eleanor

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Re: Shrien Dewani trial commences in Capetown.
« Reply #153 on: November 29, 2014, 12:11:28 PM »

Right.  I am not going to say any more about this.

However,  The Prosecution Case is utter crap.  And if they can't do any better than this thus far, then best they concede defeat.
And I wouldn't give you tuppence bleeding happeny for South African Justice that gives an admitted perpetrator a reduced sentence for putting the blame on someone else.

Offline lane99

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Re: Shrien Dewani trial commences in Capetown.
« Reply #154 on: December 03, 2014, 07:00:36 PM »
It's your argument that's utter crap.  As well as your understanding of the case.

Amongst other bogus arguments you've made, Tongo did not get a reduced sentence for saying Dewani arranged a hit.  He got an INCREASED sentence over what he would have gotten if he had backed Dewani's version of events (accidental killing in the course of a sexual assault that was not part of a robbery scheme and that occurred after Tongo had left the scene).

Therefore, by the corollary of your own reasoning that testimony that merits a reduced sentence is suspect (which is certainly true), you should admit that it is VERY improbable that Tongo would invent a lie that included a murder conspiracy where none existed.  For a confession that increases a person's legal liablity and sentence over other available confessions he could have fabricated is that much more credible and likely to be true.  For, simply put, people don't invent lies that get them into more trouble than the truth would have.

Offline Holly Goodhead

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Re: Shrien Dewani trial commences in Capetown.
« Reply #155 on: December 03, 2014, 10:03:03 PM »
It's your argument that's utter crap.  As well as your understanding of the case.

Amongst other bogus arguments you've made, Tongo did not get a reduced sentence for saying Dewani arranged a hit.  He got an INCREASED sentence over what he would have gotten if he had backed Dewani's version of events (accidental killing in the course of a sexual assault that was not part of a robbery scheme and that occurred after Tongo had left the scene).

Therefore, by the corollary of your own reasoning that testimony that merits a reduced sentence is suspect (which is certainly true), you should admit that it is VERY improbable that Tongo would invent a lie that included a murder conspiracy where none existed.  For a confession that increases a person's legal liablity and sentence over other available confessions he could have fabricated is that much more credible and likely to be true.  For, simply put, people don't invent lies that get them into more trouble than the truth would have.

Not sure if you have access to info over and above that available to the general public Lane99; if not it seems to me Eleanor is about right based on press articles such as the following:

"Mr Tongo claims Mr Dewani offered to pay £850 for his wife Anni to be killed in a staged carjacking and received a reduced sentence for his part in the crime by turning state witness against him".

http://www.telegraph.co.uk/news/worldnews/africaandindianocean/southafrica/11211971/Taxi-driver-told-me-he-framed-Dewani-for-wifes-murder.html

Are you able to provide us with any info to the contrary that support your assertions?

I understand Judge Jeanette Traverso will decide on Monday whether to dismiss the case:

http://www.ukasiaonline.com/dismissal-judge-to-decide-08-dec-whether-to-dismiss-case-against-shrien-dewani-as-anni-s-family-pleads-for-truth.html
Justice for Sheila and Jeremy. Victims of poorly arranged baby scoop era adoptions. Australia has apologised. Time for the UK to do the same?  http://www.youtube.com/watch?v=5hVbokTpYeg http://www.parliament.uk/edm/2012-13/92

Offline Holly Goodhead

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Re: Shrien Dewani trial commences in Capetown.
« Reply #156 on: December 03, 2014, 10:11:56 PM »
I have every sympathy for AD's family.  The fact they had to learn SD was engaging in sexual encounters with male prostitutes etc while in an intimate relationship with AD must be quite literally gut wrenching for them.  They must feel very angry about this and the fact if it was a bungled robbery SD escaped and AD was murdered. 

I'm inclined to see it as a robbery, and possibly anticipated rape, that went badly wrong with the grieving relatives directing their anger at SD.

I thought a decision was to be made during the week whether or not the case was to be thrown out.

This article appears to be suggesting the judge has acted unlawfully but this seems to stem from campaigners for AD.  Reference to an international criminal lawyer is mentioned but no name  &%+((£

http://www.dailymail.co.uk/news/article-2852815/Judge-presiding-Anni-Dewani-murder-trial-biased-demonstrated-legal-failures-claims-international-criminal-lawyer.html

Just reading back on the post above where I have made ref to "gut wrenching" and have since read that AD's mother is recovering from stomach cancer.  Can't help wondering if it was brought on by the stress and upset.  8(8-))
Justice for Sheila and Jeremy. Victims of poorly arranged baby scoop era adoptions. Australia has apologised. Time for the UK to do the same?  http://www.youtube.com/watch?v=5hVbokTpYeg http://www.parliament.uk/edm/2012-13/92

Offline Anna

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Re: Shrien Dewani trial commences in Capetown.
« Reply #157 on: December 08, 2014, 10:29:00 AM »
Part1



10.05 Aislinn Laing has this summary from court:


 At this stage, no one apart from Judge Traverso and the two assessors sitting either side of her in court, who will help her to reach her judgement, know what that is. 


But it hasn't stopped fevered speculation about what it will be, and a frantic scouring of her words for some clue as to whether Mr Dewani will be on his way home soon, or taking the witness stand in his defence. 


The judge has said the case will stand or fall on the evidence of the taxi driver Zola Tongo, the only person who has given a first-hand account of Mr Dewani's involvement. 

She has already spent a half an hour tearing that evidence apart, saying it was "riddled with inconsistencies", in parts "virtually incomprehensible" and his version given in court "totally irreconcilable" with what he had said in his affidavit to police. 

She has raised the fact that Mr Tongo either shrugged, blamed mistakes on the police affidavit or the court record, as well as seemingly inventing evidence to patch up bits of his story that was not believable. To the obvious chagrin of the two prosecutors sitting in their usual spots in court today, the judge is being particularly meticulous in tearing this evidence apart. On the other side of the bench, Mr Dewani's barrister Francois Van Zyl is sitting with his eyes closed, nodding fervently from time to time. 

Although the judge has also made clear that the credibility of witnesses in a decision whether to throw a case out early should play only a limited part, it's hard to see how she can decide that there is enough evidence for her to convict when she clearly doesn't believe a word said by the state's key witness. 

Which leads us to the question of what happens next. Outside court, rumours swirl of a last-minute, urgent application for Mr Dewani to be kept in the country while the state appeals the judge's decision. I've been told that Mr Dewani's family has a private plane awaiting him on the tarmac at Cape Town's nearby airport, or that there's a safe-house where he'll be squirreled away until the inevitable storm that would follow his acquittal at this stage dies down. 

In court today is the national spokesman for the National Prosecuting Authority, which fought so hard for Mr Dewani's extradition back to South Africa and has put together the case against him. If I were a betting woman, I think he might find himself facing some fairly tough questions fairly soon. 

10.00 The judge says there are aspects of Tongo's evidence that incriminate Dewani, but his evidence was of such poor quality it is hard to know where the lies end and the truth begins. She now moves on to the evidence of Qwabe and Mbolombo.

<noframe>Twitter: Aislinn Laing - Dewani, standing in the dock, is beginning to look hopeful. Anni's father Vinod Hindocha is chewing gum furiously and looking at him.</noframe>

09.59 Judge Traverso says the ultimate test is whether the court is satisfied the story is essentially true, quoting case law.

09.54 Judge Traverso says she cannot accept that Dewani would co-opt Tongo to kill so quickly. She is also unconvinced that Tongo would be willing to ge involved.

<noframe>Twitter: Aislinn Laing - Traverso: "Apart from the contradictions, the entire story as told by Mr Tongo is highly improbable." <a href="https://twitter.com/search?src=hash&q=%23dewanitrial" target="_blank">#dewanitrial</a> live</noframe>

09.45 It looks like Shrien Dewani, dressed in a dark suit and tie, will be standing for a while. Judge Traverso continues to read from a lengthy document summarising the evidence.

Dewani's family are to his right in court. Anni's family are to his left and apparently are not happy:

<noframe>Twitter: Alex Crawford - <a href="https://twitter.com/search?src=hash&q=%23DewaniTrial" target="_blank">#DewaniTrial</a> Anni's fathr is staring at Dewani with open contempt, brows furrowed</noframe>

09.38 Judge Traverso continues to summarise evidence.

<noframe>Twitter: Aislinn Laing - Judge is back after short adjournment. Tongo's explanations, in cross-examination, of inconsistencies were "simply not credible". <a href="https://twitter.com/search?src=hash&q=%23Dewani" target="_blank">#Dewani</a></noframe>

<noframe>Twitter: Aislinn Laing - Judge refers scathingly to taxi driver Tongo's claim that "the record is wrong" if it didn't tally with what he said. <a href="https://twitter.com/search?src=hash&q=%23DewaniTrial" target="_blank">#DewaniTrial</a></noframe>

09.32 The judge has returned to court. She asks Dewani to stand.

09.15 The court has adjourned for a tea break.

09.12 The judge is still criticising the taxi driver's evidence. Even if the trial is allowed to continue, this shows how dissatisfied she is with the State's case.

09.05 Judge Traverso says that the testimony of the two other middle men, Mziwamadoda Qwabe and Monde Mbolombo "contradict Mr Tongo on just about every aspect of their interaction".

But she added that credibility played a "limited role" at this stage.

Here is a summary of their evidence from Aislinn Laing:

Robert Zola Tongo - taxi driver

Tongo, who is serving 18 years for his part in Mrs Dewani’s murder, told how the British businessman promised to pay him R5,000 (£284) for arranging for two “hitmen” to have someone “taken out of sight”, within half an hour of their meeting at Cape Town’s International Airport.

Mr Tongo said he agreed because he needed the money. He said that after the carjacking, Mr Dewani pestered him with questions about “whether the job was done” as they waited for news at the couple’s luxury hotel, and later handed him an envelope of cash in a plastic bag that amounted to just R1,000.

Both encounters between the two men were captured on CCTV – Mr Dewani’s legal team said Mr Dewani was only enquiring after Tongo’s wellbeing and had paid for the taxi driver’s legitimate services because he felt sorry for him. Mr Tongo was criticised by the defence for contradicting his earlier accounts in his testimony to the court.

Monde Mbolombo – the “middle man” who put Tongo in touch with carjackers

Mr Mbolombo, who was given immunity from prosecution in return for his testimony at hitman Xolile Mngeni’s trial, admitted he lied about the extent of role in his evidence then.

He told how Tongo contacted after him to say he had a client who wanted his wife killed, and he put him in touch with a friend from the township. He said he coordinated the attack in a series of phone calls on the night of the carjacking.

Mziwamadoda Qwabe

One of the two men who forced the Dewani’s taxi off the road, and serving a 25-year jail sentence for his part in the crime. Qwabe said the couple’s taxi driver contacted him through a middle man and said his client, Mr Dewani, wanted his wife killed “but it had to look like a hijacking".

He denied the suggestion that he had fired the fatal shot at Mrs Dewani, since gunshot residue was found on the gloves he wore to drive the carjacked vehicle. Qwabe was a contradictory and at times evasive witness. He told the court he received a text message from the taxi driver confirming the “hit” hours before, saying: “the husband wanted the job done that night”. He said he and his co-attacker took R14,000 (£800) in cash from the car.

Xolile Mngeni was serving life for firing the shot that killed Mrs Dewani, but died in prison from a brain tumour in October.

09.00 From Aislinn Laing in court:

<noframe>Twitter: Aislinn Laing - Judge says Tongo made a "serious mistake" by contradicting earlier statement to police in the witness box. <a href="https://twitter.com/search?src=hash&q=%23DewaniTrial" target="_blank">#DewaniTrial</a></noframe>

08.51 The judge says the evidence of taxi driver Zola Tongo was "riddled with contradictions".

08.45

<noframe>Twitter: Aislinn Laing - The public gallery is packed with lawyers and people from the township where Anni's body was found as Judge Traverso reads out her judgement</noframe>

08.32 Defence laywers said the evidence of taxi driver Zola Tongo, who is already serving 18 years in jail for Mrs Dewani's murder, was unreliable. Judge Traverso said: "It is crucial for the state to prove that Mr Dewani entered into an agreement with Zola Tongo the taxi driver."

<noframe>Twitter: James Grant - Traverso taken the view that everything turns on Tongo's evidence.</noframe>

08.12 The Telegraph's Aislinn Laing is in court:

<noframe>Twitter: Aislinn Laing - Shrien Dewani is staring at the judge, lips pursed, jaw set. His lawyer has his eyes shut and fist pressed to his forehead. <a href="https://twitter.com/search?src=hash&q=%23ShrienDewani" target="_blank">#ShrienDewani</a></noframe>

08.00 A South African judge is ruling on whether charges that British businessman Shrien Dewani murdered his bride on their honeymoon should be thrown out of court.

Dewani's lawyers applied for his discharge at the end of the state's case, arguing that the evidence against him was so weak he should be acquitted without even having to mount a defence.

But the dead woman's family has urged Western Cape High Court Judge Jeannette Traverso to force Dewani to testify.

"Don't let Shrien Dewani walk away without giving us, South Africa and people from all over the world the full story," Anni Dewani's brother Anish Hindocha told a news conference last week.

Prosecutors say Dewani, 34, hired hitmen to kill his 28-year-old Swedish bride Anni in a staged hijacking because he is a gay man who felt trapped into marriage by family pressures.

Dewani says he is bisexual and loved Anni.

Both families - the Dewanis and the Hindochas - are of Indian origin, and have sat on opposite sides of the courtroom throughout weeks of sensational testimony.

The driver of the hijacked taxi and one of the hijackers - both serving long jail terms for the murder - testified that Dewani hired them for 15,000 rand ($1,300) to kill his wife.

Dewani's lawyer, Francois van Zyl, argued that their evidence was full of contradictions and "cannot safely be relied upon".

According to South Africa's Criminal Procedure Act, an accused can be declared not guilty at the close of the prosecution's case if the court feels there is insufficient evidence to show he or she committed the crime.

If the judge drops the charges, he would be free to return to Britain immediately.

http://www.telegraph.co.uk/news/worldnews/africaandindianocean/southafrica/11279201/Judge-rules-on-Dewani-honeymoon-trial-live.html




 
« Last Edit: December 08, 2014, 11:14:34 AM by Admin »
“You should not honour men more than truth.”
― Plato

Offline Anna

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Re: Shrien Dewani trial commences in Capetown.
« Reply #158 on: December 08, 2014, 10:38:30 AM »
Judgement llive

“You should not honour men more than truth.”
― Plato

Offline Jean-Pierre

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Re: Shrien Dewani trial commences in Capetown.
« Reply #159 on: December 08, 2014, 04:36:42 PM »
It's your argument that's utter crap.  As well as your understanding of the case.

Amongst other bogus arguments you've made, Tongo did not get a reduced sentence for saying Dewani arranged a hit.  He got an INCREASED sentence over what he would have gotten if he had backed Dewani's version of events (accidental killing in the course of a sexual assault that was not part of a robbery scheme and that occurred after Tongo had left the scene).

Therefore, by the corollary of your own reasoning that testimony that merits a reduced sentence is suspect (which is certainly true), you should admit that it is VERY improbable that Tongo would invent a lie that included a murder conspiracy where none existed.  For a confession that increases a person's legal liablity and sentence over other available confessions he could have fabricated is that much more credible and likely to be true.  For, simply put, people don't invent lies that get them into more trouble than the truth would have.

So rude, so agressive, so wrong.......

____________
"Tongo denied he knew Mitchell and said his account was "all lies" but admitted initially denying involvement in the hijacking before changing his evidence to admit involvement and testify against Mr Dewani.

He said he did this "because what I did was wrong". He was jailed for 18 years, instead of 25, as a result of agreeing to testify."



Offline dewanifacts

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Re: Shrien Dewani trial commences in Capetown.
« Reply #160 on: August 05, 2015, 02:54:36 PM »
It's your argument that's utter crap.  As well as your understanding of the case.

Amongst other bogus arguments you've made, Tongo did not get a reduced sentence for saying Dewani arranged a hit.  He got an INCREASED sentence over what he would have gotten if he had backed Dewani's version of events (accidental killing in the course of a sexual assault that was not part of a robbery scheme and that occurred after Tongo had left the scene).

Therefore, by the corollary of your own reasoning that testimony that merits a reduced sentence is suspect (which is certainly true), you should admit that it is VERY improbable that Tongo would invent a lie that included a murder conspiracy where none existed.  For a confession that increases a person's legal liablity and sentence over other available confessions he could have fabricated is that much more credible and likely to be true.  For, simply put, people don't invent lies that get them into more trouble than the truth would have.

Your name pops up a lot in forums, Lane99. Always the same points verbatim. Often mirroring the sentiments of justice4anni.  With regard to Tongo's reduced sentence, you have pushed the same nonsensical argument for years, but just because you say it many times does not make it correct. Tongo pled up to a more serious crime, because he gained leverage by doing so. It allowed him to negotiate a much lower sentence in exchange for his fabricated testimony in Shrien Dewani's trial. Tongo’s lawyer William Da Grass was asked by The Guardian to explain why Tongo changed his story and pled up to a more serious crime. De Grass answered candidly “The weight of the evidence against him. I don’t think we had much of a chance. We could have gone to trial, infuriated the judge and got close to a hundred years.”

I daresay Tongo's lawyer is in a better position to know, than you are.

The last few paragraphs of this article detail Tongo's rationale for taking a plea deal.





Offline Anna

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Re: Shrien Dewani trial commences in Capetown.
« Reply #161 on: August 20, 2015, 05:55:35 PM »
Does anyone know what happened with this inquest? My apologies if I missed it




Dewani inquest postponed

2015-02-22 14:11
     

Johannesburg - A meeting to determine if an inquest into the death of Anni Dewani will be reopened has been postponed for another month, the Sunday Independent reported.

The meeting, which was to be held in London this week, was postponed due to the unavailability of the parties involved, Anni's uncle Ashok Hindocha told the paper.

The meeting is expected to include the North London coroner as well as the families of Anni Dewani (the Hindochas) and Shrien Dewani.

Dewani was acquitted of Anni's murder by Western Cape High Court Deputy Judge President Jeanette Traverso in December. Traverso ruled there was not enough evidence to convict him.

If the inquest proceeded, Dewani could be asked to testify about his wife's murder, which he did not do during his trial in South Africa.

Defeating ends of justice

According to UK law, a coroner must investigate all unexplained or sudden deaths of its citizens abroad.

After a lengthy and costly extradition process, Dewani went on trial in Cape Town in October for allegedly plotting with shuttle driver Zola Tongo and others to kill Anni while they were on honeymoon in November 2010.

Dewani pleaded not guilty to charges including kidnapping, murder and defeating the ends of justice. He claimed the couple was hijacked while Tongo drove them through Gugulethu in his minibus on 13 November 2010.

Tongo is serving an 18-year jail term and Mziwamadoda Qwabe a 25-year jail term for their role in the murder. Xolile Mngeni was serving life in jail for firing the shot that killed Anni, but died in prison from a brain tumour on 18 October.

Hotel receptionist Monde Mbolombo was granted immunity from prosecution on two charges during Mngeni's trial.

http://www.news24.com/SouthAfrica/News/Dewani-inquest-postponed-20150222
“You should not honour men more than truth.”
― Plato