Author Topic: Dewani May Take The Stand In A British Court  (Read 12942 times)

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Offline Passer-by

Re: Dewani May Take The Stand In A British Court
« Reply #15 on: September 01, 2015, 11:40:10 PM »
More gross misinformation. Since you have stated this numerous times, I will correct you. There is no evidence whatsoever to support the claim that Dewani's lawyer advised him that he should not give evidence.

The trial was stopped before such a decision had to be made, in fact it was stopped before the defence even had to make a case. Had the trial continued, its possible Dewani would have testified. Neither you, nor I nor anyone else can claim to know with certainty what his lawyer may have advised.


Erroneous again.

The Guardian:
http://www.theguardian.com/world/2014/nov/24/shrien-dewani-lawyer-blistering-attack-prosecution-case

"Francois van Zyl launched a blistering attack on the prosecution on Monday, saying the case against Dewani was so fundamentally flawed it should be thrown out of court.

He said prosecutionís case was so weak and implausible that the trial should cease immediately with no need for the Bristol businessman to mount a defence."


From paragraph 12 of Judge Traverso's summing up:
"Clearly a person ought not to be prosecuted in the absence of a minimum of evidence upon which he might be convicted, merely in the expectation that at some stage he might incriminate himself"
« Last Edit: September 01, 2015, 11:47:50 PM by Passer-by »

Offline puglove

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Re: Dewani May Take The Stand In A British Court
« Reply #16 on: September 01, 2015, 11:45:51 PM »
More gross misinformation. Since you have stated this numerous times, I will correct you. There is no evidence whatsoever to support the claim that Dewani's lawyer advised him that he should not give evidence.

The trial was stopped before such a decision had to be made, in fact it was stopped before the defence even had to make a case. Had the trial continued, its possible Dewani would have testified. Neither you, nor I nor anyone else can claim to know with certainty what his lawyer may have advised.

Sorry, could you remind me again how Dewani mourned the desperate loss of his lovely young wife? Was it looking at porn sites? Gay, bondage, porn sites?
Every gusset a memory.

Offline dewanifacts

Re: Dewani May Take The Stand In A British Court
« Reply #17 on: September 02, 2015, 12:10:34 AM »

Erroneous again.

From paragraph 12 of Judge Traverso's summing up:
"Clearly a person ought not to be prosecuted in the absence of a minimum of evidence upon which he might be convicted, merely in the expectation that at some stage he might incriminate himself"

That is the judge giving her (correct) interpretation of the law. I believe that Dewani's lawyer made a similar representation in the sect 174 application.

It is grossly misleading to characterise these statements as advice given by the lawyer to his client .

Offline puglove

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Re: Dewani May Take The Stand In A British Court
« Reply #18 on: September 02, 2015, 12:21:31 AM »
That is the judge giving her (correct) interpretation of the law. I believe that Dewani's lawyer made a similar representation in the sect 174 application.

It is grossly misleading to characterise these statements as advice given by the lawyer to his client .

And before Anni was even cold, he was on the internet looking at gay bondage sites.

So...what?

Massive deception.
Every gusset a memory.

Offline mercury

Re: Dewani May Take The Stand In A British Court
« Reply #19 on: September 02, 2015, 12:27:19 AM »
Correct. That is why his testimony wasn't needed or required in his own trial. His testimony has taken on some importance due to a fabricated story designed to implicate him. Were it not for that fanciful tale, Dewani would be thought of as simply another victim and it would never have occurred to the Hindocha family to look to him to provide the answers that they quite understandably crave.
I have a problem, rightly or wrongly, in people involved in a crime not  giving testimony...call it what you will...Surely their testimony is important...

Offline mercury

Re: Dewani May Take The Stand In A British Court
« Reply #20 on: September 02, 2015, 12:31:35 AM »
And before Anni was even cold, he was on the internet looking at gay bondage sites.

So...what?

Massive deception.

many apologists say people deal with grief in different ways! Yeah bye Jesus do they!
the last thng I would want to do if my beloved was murdered was go and **** online three days later wtf!
« Last Edit: September 02, 2015, 12:39:32 AM by Anna »

Offline puglove

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Re: Dewani May Take The Stand In A British Court
« Reply #21 on: September 02, 2015, 12:44:42 AM »
many apologists say people deal with grief in different ways! Yeah bye Jesus do they!
the last thng I would want to do if my beloved was murdered was go and **** online three days later wtf!

So true.

And the pathetic pretence of mental illness and depression.

When he's paying rent-boys.

As you say, WTF?
Every gusset a memory.

Offline Passer-by

Re: Dewani May Take The Stand In A British Court
« Reply #22 on: September 02, 2015, 01:03:10 AM »
So true.

And the pathetic pretence of mental illness and depression.

When he's paying rent-boys.

As you say, WTF?

Perhaps you 'could attempt to explain it to him one more time' . . . ?!
  8)-)))

Offline mercury

Re: Dewani May Take The Stand In A British Court
« Reply #23 on: September 02, 2015, 01:46:27 AM »
must admit not seen dewanifacts explanation
 Of Dewani lurking on porn three days after...will await

Offline dewanifacts

Re: Dewani May Take The Stand In A British Court
« Reply #24 on: September 02, 2015, 07:13:22 AM »
Dewani surfed porn and gay dating sites for the same reason as many other people do. For comfort. For solace. For distraction. Or for any one of a myriad reasons. Whether some people wish to accept it or not people do deal with grief in vastly different ways ranging from near suicidal plunges into despair right through to an outer appearance of blank indifference and forcing oneself to "keep calm and carry on".

Dewani, by all accounts, showed a range of emotions and actions. Peolple like Passer-by and puglove focus on his internet searches yet that ignores the glaring evidence to suggest he was genuinely distraught at his wife's death.

Any law enforcement person will tell you that the one sure way to head down the wrong path in an investigation is to be led solely by the emotions of people involved. The person who cries loudest may be the perpetrator. The person who appears unmoved at the funeral may be the one who commits suicide ten days later, unable to cope with the grief.

If there was no other evidence in this case then I could understand people paying attention to Dewani's internet usage but considering the overwhelming evidence to show the "murder for hire" story was made up, focusing on this angle makes no sense at all.

« Last Edit: September 02, 2015, 07:23:07 AM by dewanifacts »

Offline Passer-by

Re: Dewani May Take The Stand In A British Court
« Reply #25 on: September 02, 2015, 10:04:33 AM »
I have a problem, rightly or wrongly, in people involved in a crime not  giving testimony...call it what you will...Surely their testimony is important...

Quite.

Offline dewanifacts

Re: Dewani May Take The Stand In A British Court
« Reply #26 on: September 02, 2015, 02:45:42 PM »
I have a problem, rightly or wrongly, in people involved in a crime not  giving testimony...call it what you will...Surely their testimony is important...

On this point I agree with you. It is maddening when someone escapes justice simply because they refused to testify and tell what they know. I too have read about such cases and it jars the senses to think of people getting away with heinous crimes by manipulating the legal procedure in their own favour.

What you don't seem to be able to accept is that this does not even remotely describe what happened in the Dewani trial. Even if Shrien Dewani wanted to, he could not have given evidence. The trial was halted before he or his lawyer even had to make such a decision. Why was it halted? Because it was clear that the hitman story was fabricated and there was never any "murder for hire" agreement. No fair court in the world would have let such a trial continue.


Offline Passer-by

Re: Dewani May Take The Stand In A British Court
« Reply #27 on: September 02, 2015, 02:59:37 PM »
On this point I agree with you. It is maddening when someone escapes justice simply because they refused to testify and tell what they know. I too have read about such cases and it jars the senses to think of people getting away with heinous crimes by manipulating the legal procedure in their own favour.

What you don't seem to be able to accept is that this does not even remotely describe what happened in the Dewani trial. Even if Shrien Dewani wanted to, he could not have given evidence. The trial was halted before he or his lawyer even had to make such a decision. Why was it halted? Because it was clear that the hitman story was fabricated and there was never any "murder for hire" agreement. No fair court in the world would have let such a trial continue.

Yes, why was it halted?  Oh yes:  because his lawyer demand it be.

Offline Passer-by

Re: Dewani May Take The Stand In A British Court
« Reply #28 on: September 02, 2015, 03:34:55 PM »
Well at least we've now come full loop and are back to the Inquest, which is what this thread is about:  Dewani may have to take a witness stand.  This opportunity was not denied him in South Africa - he actively sought to avoids the witness stand first in fighting his extradition and then by his lawyer demanding a halt to his trial.  However the evidence sought by an inquest is different to that sought by a murder trial, and Dewani has had years to get his story straight, so I doubt it will prove anything either way. 

Offline Eleanor

Re: Dewani May Take The Stand In A British Court
« Reply #29 on: September 02, 2015, 03:41:18 PM »

Only a Judge can halt a Trial.

As I understand it he cannot be forced to answer questions at an Inquest.