Author Topic: Judge rules no case to answer in Dewani murder trial.  (Read 3253 times)

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Offline Admin

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Judge rules no case to answer in Dewani murder trial.
« on: December 08, 2014, 11:32:04 AM »
Judges rules Shrien Dewani not guilty!



Judge Jeanette Traverso has today ruled that Shrien Dewani has no case to answer in the murder of his new bride Anni Hindocha and is not guilty in terms of the charges brought against him.  In the same ruling the Judge ruled that witness Monde Mbolombo should not be granted immunity from prosecution in relation to the same case after initially misreading her prepared script and stating that he should be granted immunity.

In her decision the Judge pointed out the many contradictions and inconsistencies in the evidence given by the witnesses in the case, three of whom are already serving lengthy sentences (one has since died) for their part in Anni' s murder.  One witness was given immunity from prosecution for testifying against the others.

It is expected that Dewani will fly home to the UK later today.
« Last Edit: December 08, 2014, 03:14:38 PM by John »

Offline Admin

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Re: Judge rules no case to answer in Dewani murder trial.
« Reply #1 on: December 08, 2014, 11:32:15 AM »
Why Has The Dewani Case Collapsed?

Sky News
By Nick Ludlam, Africa News Editor, in Cape Town
8 December 2014

As a judge rules Shrien Dewani can walk free, we look at the issues which contributed to her decision.



It took the South African authorities four years to put Shrien Dewani on trial, only for a judge to throw the case out after two months.

Mr Dewani, who has been ruled not guilty by the Cape Town court, has always denied any involvement in the murder of his wife Anni in 2010.

Judge Jeanette Traverso said in her ruling on Monday that there was no reasonable evidence to bring a conviction.

Here are some of the contributing factors behind her decision.

The credibility of Zola Tongo's and other witnesses' evidence:



Zola Tongo's evidence was not deemed reliable.

Zola Tongo was the state's star witness and agreed to testify against Mr Dewani as part of a plea bargain.

The taxi driver was jailed for 18 years in 2010 for his part in the murder of Ms Dewani and claimed he was paid just over £1,000 to arrange the murder.

CCTV revealed in court showed Mr Dewani and Tongo locked in conversation at the hotel a few days before the murder.

Tongo claims Mr Dewani asked him if he knew anyone that could "have a client of his taken off the scene".

However, Judge Traverso said Tongo's evidence was "riddled with contradictions".

She said he had changed his version of events frequently when under cross-examination.

He admitted he made mistakes in relaying to police how the new bride was murdered.

Judge Traverso said his "evidence was of such a poor quality, one does not know when the lies end and when the truth begins".

She also said it soon emerged under cross-examination that witness Mziwamadoda Qwabe, who has also pleaded guilty to the murder, was a self-confessed liar.

The evidence of Monde Mblolombo, a hotel worker granted immunity from prosecution, was also discredited.

Evidence about Shrien Dewani's private life ruled inadmissible:



In a sensational admission at the beginning of the trial, Mr Dewani admitted having physical relationships with male prostitutes.

He also admitted surfing gay dating websites the day after his bride's body was found.

Veteran South African lawyer, Mannie Witz, who followed the trial, said: "The defence seized on that immediately and said 'you can't attack his character and his sexuality'. And the judge said 'I think the defence are right, I don't want to hear anything more'."

The prosecution had been relying very heavily on this evidence and it was a big blow to them when the judge told them this type of 'character evidence' was inadmissible.

In court the care home owner from Bristol claimed he was in love with the 28-year-old - despite being bisexual.

But in an interview before the trial, Ms Dewani's sister Ami Denborg said the relationship was up and down.

CCTV recorded on the night she was killed does seem to show a young couple in love.

Their picture is taken by hotel staff and later they sit with their arms draped around each other.

Shrien Dewani's side of the story:



Anish Hindocha gave a news conference last week.

Mr Dewani, 34, maintained his innocence throughout the case and said he had been suffering from post-traumatic stress disorder since the murder.

The South African authorities spent a lot of time and money arranging his extradition ahead of the trial.

Ms Dewani's family claimed Mr Dewani had insisted throughout the case that he would clear his name and that his legal team had promised the court dozens of times he would give his own version of events.

The family have waited years for answers, but Mr Dewani has never been cross-examined.

Last week Ms Dewani's brother, Anish Hindocha, called a news conference on behalf of his family and begged Mr Dewani to "tell the world what happened the night she died".

Mr Hindocha said: "My message is simple: Don’t let Shrien Dewani walk away without giving us, South Africa and people all over the world the full story."

Now that the case has collapsed they may never know the full facts.

www.news.sky.com/story/1387866/why-has-the-dewani-case-collapsed
« Last Edit: December 08, 2014, 03:27:23 PM by John »

Offline Tim Invictus

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Re: Judge rules no case to answer in Dewani murder trial.
« Reply #2 on: December 08, 2014, 11:41:18 AM »
What a joke .... the writing was on the wall when the biased judge refused all evidence of Dewani's deviant hidden gay lifestyle as irrelevant.

They say in South Africa the wealthy can buy 'justice'; I think the Dewani and Pistorius trials have proven this to be true
I feel very sorry for Anni's family.

Online John

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Re: Judge rules no case to answer in Dewani murder trial.
« Reply #3 on: December 08, 2014, 11:55:13 AM »
What a joke .... the writing was on the wall when the biased judge refused all evidence of Dewani's deviant hidden gay lifestyle as irrelevant.

They say in South Africa the wealthy can buy 'justice'; I think the Dewani and Pistorius trials have proven this to be true
I feel very sorry for Anni's family.

Watch for the miraculous recovery!

Judge Jeanette Traverso stated in her response to the application by the defence for a dismissal that the evidence fell well below the threshold required for a conviction under the Law.  In her world handing over a bag of money to a stranger in a hotel toilet must be commonplace.

My question is this.  Why have three black men already been convicted of murder and conspiracy if this is indeed the case?

« Last Edit: December 08, 2014, 12:25:51 PM by John »
A malicious prosecution for a crime which never existed. John Lamberton exposes malfeasance by public officials.
Check out my website >   http://johnlamberton.webs.com/index.htm?no_redirect=true     The truth never changes with the passage of time.

Online John

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Re: Judge rules no case to answer in Dewani murder trial.
« Reply #4 on: December 08, 2014, 12:45:44 PM »
If ever there was a case which required a defendant to take the stand, this was it. What's more, Dewani gave an undertaking to the Hindocha family that he would do just that but obviously that was simply another deceit.

Dewani has now had the case against him dismissed on the basis of contradictory evidence by three men already convicted of involvement in Anni's murder.  Dewani cannot be retried in South Africa but Anni's aunt has raised the question of him being retried in England.

Justice delayed was most certainly justice denied in this case!
« Last Edit: December 08, 2014, 12:48:42 PM by John »
A malicious prosecution for a crime which never existed. John Lamberton exposes malfeasance by public officials.
Check out my website >   http://johnlamberton.webs.com/index.htm?no_redirect=true     The truth never changes with the passage of time.

Offline Matthew Wyse

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Re: Judge rules no case to answer in Dewani murder trial.
« Reply #5 on: December 08, 2014, 01:18:17 PM »
What about the other murder case which has never been solved and in which Dewani was supposed to have been involved?    Will SA police bring him in for questioning on that one since they now have an opportunity?   Is a gate arrest imminent?
Most people suspect the truth but few are able to admit it.

Online John

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Re: Judge rules no case to answer in Dewani murder trial.
« Reply #6 on: December 08, 2014, 01:42:13 PM »
What about the other murder case which has never been solved and in which Dewani was supposed to have been involved?    Will SA police bring him in for questioning on that one since they now have an opportunity?   Is a gate arrest imminent?

Has he ever been questioned as a suspect at all given the circumstances of his arrest and extradition?
A malicious prosecution for a crime which never existed. John Lamberton exposes malfeasance by public officials.
Check out my website >   http://johnlamberton.webs.com/index.htm?no_redirect=true     The truth never changes with the passage of time.

Offline Jean-Pierre

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Re: Judge rules no case to answer in Dewani murder trial.
« Reply #7 on: December 08, 2014, 01:59:09 PM »
Has he ever been questioned as a suspect at all given the circumstances of his arrest and extradition?

According to a newspaper report (usual caution applies)

_________________

Honeymoon murder suspect Shrien Dewani boasted about successfully organising another contract killing in South Africa to the taxi driver he allegedly recruited to help kill his wife, a court has heard.

The millionaire care home owner from Bristol used the "hit" he ordered on a family friend three years before as a way of persuading Zola Tongo that a fake carjacking would work, his trial at Cape Town's high court was told.

Detectives investigating the fatal shooting of Anni Dewani cleared Mr Dewani of any involvement in the unsolved murder of Dr Pox Raghavjee, the father of a friend, in South Africa in 2007, but suspect he may have used its modus operandi when plotting to kill his new wife.

The 34-year-old denies claims by Tongo and one of two other men convicted of carrying out the hit that he masterminded the conspiracy to kidnap and murder his Swedish wife of two weeks following an ambush of their car which left him and the driver unharmed.

But the testimony of "middle man" Monde Mbolombo, who is said to have recruited two hitmen at Tongo’s request, has resurrected the mysterious murder of Dr Pox Raghavejee and its unsettling similarities to Mrs Dewani’s demise.

Both he and Mrs Dewani were killed by a single bullet and the cars they were travelling in were not stolen after the attack. Dr Raghavjee’s killer was never found – despite a 100,000 Rand (£9,000) reward - and his family voiced fears that he may have been a victim of organised crime.

Tongo told the Western Cape High Court, where Dewani is on trial for murder, that the idea to fake a carjacking was suggested by Mr Dewani during a trip to change money to pay the killers.

This was supported by Mr Mbolombo who told prosecutor Adrian Mopp that Mr Dewani claimed to Tongo the method had been tried and tested by him.

"He [Dewani] went on further to say [to Tongo] that it was not the first time he did this. He did this before in South Africa. And just like it, he wants to do it again but it should appear as if it is a fake hijacking," Mbolombo told the court.

Dewani opened his eyes and mouth in an extravagant show of disbelief in the direction of the press benches as Mr Mbolombo made the claim.

Although his legal team have successfully picked holes in the "middle man"'s testimony – the former hotel receptionist admitted lying to police in the past - and highlighted contradictions in his claims since he first spoke to investigators four years ago, this part of his story has been constant.

In a statement to detectives just six days after 28 year-old Mrs Dewani’s death, in November 2010, Mbolombo made his first reference to Mr Dewani's alleged boast.

“He [Tongo] also said he got the impression this man had been in South Africa before and also had done something like this before, as he mentioned that he wanted the murder to look like any hijacking. He said that the man had previously arranged for somebody to be killed in a ‘fake hijacking in South Africa’,” Mr Mbolombo’s statement read.

Dr Rahavjee’s wallet, cash and watch were left at the crime scene - leading investigators to believe that it was a contract "hit" than a genuine kidnap and robbery.

According to police, Mr Dewani knew details of the unsolved crime well from the doctor’s son, Krischen, and daughter in law Alvita, who are close friends from Bristol.

Despite offering a reward for information worth £9,000 – a massive amount in poverty-stricken South Africa – the murder remains a mystery.

Offline Holly Goodhead

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Re: Judge rules no case to answer in Dewani murder trial.
« Reply #8 on: December 08, 2014, 02:01:34 PM »
I never had the necessary time to really delve into the case but on the surface the prosecution's case always appeared very weak to my mind.  I am inclined to think justice was served. 

The fact SD's lifestyle was unpalatable to many (myself included to a degree) had no bearing imo on the case.  It is said AD was a spendaholic and SD more frugal (accountant by profession) therefore it could be said the motivation for murder was a conflict over finances rather than sexuality.  And on and on.  I have no idea of the % of bisexual married males (to a woman) who engage in extra-martial gay sexual relationships.  It seems plenty of heterosexual married males (to a woman) engage in extra-marital heterosexual relationships although I have no idea of the %.  It appears to me that Prince Charles pretty much continued his relationship with Camilla while married to Princess Di and I guess this accounts for a lot of the conspiracy theories surrounding her death.

I hope this doesn't sound unsympathetic, as it certainly isn't intended to be, but AD's parents said they would not have allowed AD to marry SD had they known about his sexuality.  I do wonder how they would have felt if presented with say a 100% heterosexual Asian bus driver as a prospective son-in-law?  &%+((£  How much were the Hindochas, including AD, influenced by the supposed wealth etc of the Dewani's?

Very sad for all affected  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 colombosstogey

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Re: Judge rules no case to answer in Dewani murder trial.
« Reply #9 on: December 08, 2014, 03:03:44 PM »
What a surprise NOT. We said all along he would get away with it. Money talks in SA....Surely before the case went to court it should have been checked to see that there was a case to answer to....

So he got away with murdering his wife......i hope justice will be served by a higher being one day. Poor girl she never got justice just like Reeva.

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Re: Judge rules no case to answer in Dewani murder trial.
« Reply #10 on: December 08, 2014, 03:36:50 PM »
I find these images most compelling.  Dewani walks into the hotel internet room with a plastic bag and Tongo follows him exiting shortly thereafter with said plastic bag and a wad of cash in his waistband.

11:12 am
Tuesday recap
Tongo slowly approached the hotel and pretended to play on his phone because there were police officers he recognised nearby.
Dewani waited in a hotel passage and signalled for Tongo to follow him to a room, the footage showed.
"The gentleman (Dewani) gave me an envelope in a plastic bag, then he went out and left. I took it and hid it in my waist," Tongo said.
He said he went to the bathroom, folded the plastic bag, and opened the envelope to count the money.
"There was only 1,000 rand. I folded the envelope, being angry. I put it into my back pocket. I held the plastic in my hand because it was small. I went out and looked to the right hand side. I went out and left," Tongo said.

‘There was only 1,000 rand. I folded the envelope, being angry. I put it into my back pocket. I held the plastic in my hand because it was small. I went out and looked to the right hand side.  I then he went out and left. I took it and hid it in my waist.’

www.miscarriageofjustice.co/index.php?topic=5383.msg196449#msg196449



Evidence? These CCTV stills allegedly show Dewani handing over money to a taxi driver.


www.dailymail.co.uk/news/article-2185380/Shrien-Dewani-DID-plot-wife-Annis-murder-says-South-African-hitman.html
« Last Edit: December 08, 2014, 06:19:12 PM by John »
A malicious prosecution for a crime which never existed. John Lamberton exposes malfeasance by public officials.
Check out my website >   http://johnlamberton.webs.com/index.htm?no_redirect=true     The truth never changes with the passage of time.

Offline Jean-Pierre

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Re: Judge rules no case to answer in Dewani murder trial.
« Reply #11 on: December 08, 2014, 03:59:05 PM »
Really?  Sorry - how do you make that out?  Could you explain how the stills still show that please?

The prosecution case seems to be an absolute shambles.  Especially given they had four years to prepare it. 

http://www.bbc.co.uk/news/uk-england-bristol-29914835

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Re: Judge rules no case to answer in Dewani murder trial.
« Reply #12 on: December 08, 2014, 05:50:53 PM »
Really?  Sorry - how do you make that out?  Could you explain how the stills still show that please?

The prosecution case seems to be an absolute shambles.  Especially given they had four years to prepare it. 

http://www.bbc.co.uk/news/uk-england-bristol-29914835

It would seem that it is ok for Dewani to twist and lie but not the four other witnesses.

CAUGHT LYING - CONTACT WITH TONGO:

CCTV footage seized by police from the Cape Grace hotel and Dewani's and Tongo's phone records revealed the two men had met alone twice – for 13 minutes and 45 minutes – in the 24 hours before Anni's murder.

In addition, during the same period they exchanged 12 phone communications - calls and text messages.

Security film also shows the two men talking alone together at the hotel on the morning after the carjacking and two days later, on the day Dewani leaves South Africa, when and leads the driver down a hotel corridor to a quiet business centre where he hands over a bag containing cash.

2010: In the transcript of the two-hour family crisis talks, Dewani specifically denies meeting or having any contact with Tongo between the time the driver dropped the honeymooners off at their five-star hotel and 24 hours later to take them out for dinner, apart from a brief call or message to make that arrangement.

Dewani makes no mention of meeting Tongo in the hours before the fatal carjacking, on 13 November 2010, or two more rendezvous at his hotel in the days after.

http://www.dailymail.co.uk/news/article-2860818/How-Dewani-changed-story-Honeymoon-murder-suspect-never-told-laws-met-taxi-driver-hand-cash.html
« Last Edit: December 08, 2014, 05:57:18 PM by John »
A malicious prosecution for a crime which never existed. John Lamberton exposes malfeasance by public officials.
Check out my website >   http://johnlamberton.webs.com/index.htm?no_redirect=true     The truth never changes with the passage of time.

Offline Tim Invictus

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Re: Judge rules no case to answer in Dewani murder trial.
« Reply #13 on: December 08, 2014, 06:45:38 PM »
I agree 100% John, Dewani has gotten away with murder!   

Offline Jean-Pierre

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Re: Judge rules no case to answer in Dewani murder trial.
« Reply #14 on: December 09, 2014, 02:17:46 PM »
The Daily Mail report seems to be based on the submissions by the prosecution.  The judge has given her opnion on the relaiability of the witnesses and the prosecution case.

Are you saying that you think the case should have been proceeded with, even with the police having four years to prepare, the witnesses producing contradictory evidence and the "star" witness receiving a sentence reduced from 25 years to 18 years in return for his testimony? 

In my view the Judge was correct, and justice would appear to have been served. 

That it was the "wrong" verdict for some members of this forum is neither here nor there.