The Anni Dewani Murder Case

Albereth said:
Oh, gosh. It must be right then.
Click to expand...
well, let's jus say it's more likely to be correct than some arbitrary guy on the Internet called Albereth who's credentials remain unknown and who has failed to provide any sources for his point of view.
 
joelus said:
well, let's jus say it's more likely to be correct than some arbitrary guy on the Internet called Albereth who's credentials remain unknown and who has failed to provide any sources for his point of view.
Click to expand...

Don't drag me into whatever you want to believe. If you want to say something, go ahead, you don't need my agreement. And you really ought to know by now that I don't do sources.
 
Leigh ANNe Jansen

#DewaniTrial It's also believed that the defence will now apply for a dismissal. All is yet to be confirmed in court, though.
 
Tweet from Leigh Anne Jansen


#DewaniTrial A Sec. 174 application has apparently been submitted for the discharge of this trial
 
DEWANI DEFENCE TO APPLY FOR DISCHARGE

Lawyers for British businessman Shrien Dewani said on Monday they intended applying to the Western Cape High Court for his discharge on charges of conspiring to kill his wife Anni in 2010.

Francois van Zyl, for Dewani, said the defence intended making an application to Deputy Judge Jeanette Traverso on Wednesday, in terms of section 174 of the Criminal Procedure Act.

The defence would file its heads of argument on Wednesday and the State would file responding papers on Friday.

Traverso said the application would be heard on Monday.

Section 174 of the Criminal Procedure Act provides that if at the close of the prosecution's case, the court believes there is no evidence that the accused committed the offence, it may return a verdict of not guilty.

The State closed its case on Monday.

Van Zyl said it had been a long trial and the defence needed time to prepare its application as there were many facts it had to deal with.

Dewani is on trial for allegedly plotting with shuttle taxi driver Zola Tongo and others to kill his wife Anni while they were on honeymoon on Cape Town in November 2010.

He has pleaded not guilty to charges including kidnapping, murder and defeating the ends of justice.

He claims the couple was hijacked while Tongo drove them through Gugulethu in his minibus on Saturday, November 13, 2010.

He was released unharmed and Anni was driven away. She was found shot dead in the abandoned minibus in Khayelitsha the next morning.

The State alleges he conspired with others to stage the hijacking, for which he paid R15,000.

He maintains that Tongo helped him organise a surprise helicopter trip for Anni for R15,000.

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


Source : Sapa /je/jk/lp/cls
Date : 17 Nov 2014 12:22
 
I have been following this trial on another webpage

Jill Mansfield wrote

"The only reason Van Zyl would be applying for a dismissal, would be that he now realises he won't be able to get Dewani off. "

Please can somebody translate this comment
 
NPA FILES DEWANI RESPONSE

The NPA filed papers on Friday in response to British businessman Shrien Dewani's lawyers' heads of argument in an application for his discharge on charges of conspiring to kill his wife Anni.

"The State has filed its responding papers. We will now argue on Monday morning," said NPA Western Cape spokesman Eric Ntabazalila.

Dewani's defence filed the papers on Wednesday.

The heads of argument will not be available to the media until the application is heard in open court.

On Monday, Francois van Zyl, for Dewani, said the defence intended making an application to Deputy Judge President Jeanette Traverso in terms of section 174 of the Criminal Procedure Act.

Traverso said the application was provisionally set down to be heard on Monday, unless she needed more time to consider both arguments.

Section 174 provides that if, at the close of the prosecution's case, the court believes there is no evidence that the accused committed the offence, it may return a verdict of not guilty.

Dewani is on trial for allegedly plotting with taxi driver Zola Tongo and others to kill Anni while they were on honeymoon in Cape Town in November 2010.

He has pleaded not guilty to charges including kidnapping, murder, and defeating the ends of justice.

He claims the couple was hijacked while Tongo drove them through Gugulethu in his minibus on Saturday, November 13, 2010.

Tongo is serving an 18-year jail term and Mziwamadoda Qwabe 25 years.

Xolile Mngeni was serving life in jail for firing the shot that killed Anni, but died in prison from a brain tumour last month.


Source : Sapa /ml/kd/cls
Date : 21 Nov 2014 15:50
 
There is too much doubt already, and it would be unfair for Dewani to present his defence which might tip the scale in favour of the State during cross-examination. It's not for the accused to prove his innocence, rather it's for the State to prove the guilt of the accused and for the accused to provide a defence. Acquit the guy already! He may have committed the crime, but his guilt was not proven in court.
 
DEWANI DISCHARGE APPLICATION TO BE HEARD

The Western Cape High Court is expected to hear arguments on Monday on an application for British businessman Shrien Dewani's discharge on charges of conspiring to kill his wife.

Last Monday, Francois van Zyl, for Dewani, said the defence intended making an application to Deputy Judge President Jeanette Traverso in terms of section 174 of the Criminal Procedure Act.

Section 174 provides that if, at the close of the prosecution's case, the court believes there is no evidence that the accused committed the offence, it may return a verdict of not guilty.

Dewani is on trial for allegedly plotting with taxi driver Zola Tongo and others to kill Anni while they were on honeymoon in Cape Town in November 2010.

He has pleaded not guilty to charges including kidnapping, murder, and defeating the ends of justice.

He claims the couple was hijacked while Tongo drove them through Gugulethu in his minibus on Saturday, November 13, 2010.

Tongo is serving an 18-year jail term and Mziwamadoda Qwabe 25 years.

Xolile Mngeni was serving life in jail for firing the shot that killed Anni, but died in prison from a brain tumour last month.


Source : Sapa /mjs/jje
Date : 24 Nov 2014 02:01
 
STATE HAS NOT AMENDED INDICTMENT: DEFENCE

The State has not amended the indictment of British businessman Shrien Dewani to include the admittedly bigger role that the alleged middleman played in his wife Anni's murder, the Western Cape High Court heard on Monday.

Francois van Zyl, for Dewani, referred to the indictment in which it was alleged his client conspired with a group of men to kill his wife while they were on honeymoon in Cape Town in November 2010.

He was applying to Deputy Judge President Jeanette Traverso to discharge Dewani on the criminal charges, in terms of section 174 of the Criminal Procedure Act.

Van Zyl said that when hotel receptionist Monde Mbolombo took the stand as a State witness, he conceded that he was actually in control of the "operation" the night of November 13, 2010.

Traverso said the State had asked her, in its heads of argument, to disregard this.

Van Zyl said Mbolombo was not merely a middleman, as the State had claimed in the indictment.

"If one looks at the telephone calls, what was said, and his role, it is quite clear that he was involved in this operation from an early stage."

He said Mbolombo had admitted to lying in his initial affidavits and subsequent testimonies.

"One would have expected... that we would have seen an amendment to the indictment and we haven't seen that."

The defence and the State filed heads of argument last week.

Section 174 of the act provides that if, at the close of the prosecution's case, the court believes there is no evidence that the accused committed the offence it may return a verdict of not guilty.

The State closed its case a week ago.

On her role in the discharge application Traverso told Van Zyl: "It is my decision, but the assessors can assist me in making factual findings."

Dewani is on trial for allegedly plotting with shuttle taxi driver Zola Tongo and others to kill his wife while they were on honeymoon in Cape Town in November 2010.

He has pleaded not guilty to charges including kidnapping, murder and defeating the ends of justice.

He claims the couple was hijacked while Tongo drove them through Gugulethu in his minibus on Saturday, November 13, 2010.

He was released unharmed and Anni was driven away. She was found shot dead in the abandoned minibus in Khayelitsha the next morning.

The State alleges he conspired with others to stage the hijacking, for which he paid R15,000.

He maintains that Tongo helped him organise a surprise helicopter trip for Anni for R15,000.

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

Mbolombo was granted immunity from prosecution on two charges during Mngeni's trial, but was warned that he faced possible prosecution on various charges if he did not testify truthfully during Dewani's trial.


Source : Sapa /je/jk/cls/jje
Date : 24 Nov 2014 11:12
 
DEWANI 'IMPROBABILITIES' HIGHLIGHTED

Western Cape High Court Deputy Judge President Jeanette Traverso was asked on Monday to look at all the improbabilities surrounding the evidence presented during the trial of British businessman Shrien Dewani.

Francois van Zyl, for Dewani, argued during an application to have his client discharged that certain details of an alleged conspiracy to kill Dewani's wife Anni were so improbable they could not be true.

He referred specifically to the testimony of shuttle taxi driver Zola Tongo, who transported the couple while they were on honeymoon in Cape Town, in November 2010.

Tongo testified that Dewani approached him soon after landing in Cape Town with a request for a hitman.

He said it was improbable that a plan to kill someone for R15,000 could be organised within a mere 30 minutes or that his client, on the State's version, was prepared to short-change a "dangerous" men by only taking R10,000 with him.

Also improbable, Van Zyl said, was that his client would wear an expensive watch and carry R4000 in his wallet if he knew he was going to be robbed as part of a planned hijacking.

If one looked at the surveillance footage of the couple a few hours before the hijacking, they seemed happy and in love, another improbability if it were true that he knew of her imminent death, the lawyer said.

"My lady, these are one, two, three huge improbabilities," he said.

Van Zyl sought to cast doubt on Tongo as a reliable witness and gave examples of "material inconsistencies" in his testimony.

He said Tongo had changed his story about when, where and how Dewani approached him with the murder plan.

"That already destroys his credibility to a large extent."

He said Tongo's evidence was not supported by that of the other hitmen.

"These contradictions are alive and well and there."

Dewani is on trial for allegedly plotting with Tongo and others to kill his wife Anni while they were on honeymoon in Cape Town in November 2010.

He has pleaded not guilty to charges including kidnapping, murder and defeating the ends of justice.

He claims the couple was hijacked while Tongo drove them through Gugulethu in his minibus on Saturday, November 13, 2010.

He was released unharmed and Anni was driven away. She was found shot dead in the abandoned minibus in Khayelitsha the next morning.

The State alleges he conspired with others to stage the hijacking, for which he paid R15,000.

Dewani maintains that Tongo helped him organise a surprise helicopter trip for Anni for R15,000.

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

Mbolombo was granted immunity from prosecution on two charges during Mngeni's trial, but was warned he faced possible prosecution on various charges if he did not testify truthfully during Dewani's trial.


Source : Sapa /je/jk/cls/ks
Date : 24 Nov 2014 13:14
 
DEWANI KILLERS NOT THE 'A-TEAM': STATE

The men who planned to kill honeymooner Anni Dewani did not discuss finer details because they were not professionals, the Western Cape High Court heard on Tuesday.

"We know these individuals were not the A-team of contract killers. They could barely organise transport from Khayelitsha to Gugulethu," said prosecutor Adrian Mopp.

"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."

He was presenting argument during an application by Shrien Dewani's legal team to discharge him of his wife's killing in November 2010.

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 their jobs.

Mopp replied 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" Mzimamadoda Qwabe and Xolile Mngeni were in a different category where they had access to illegal firearms and were unemployed.

On Monday, Traverso had spoken about the seemingly disorganised plan that the men allegedly organised together.

The defence and the State filed heads of argument for the discharge application last week.

Section 174 of the Criminal Procedure Act provides that if at the close of the prosecution's case, the court believes there is no evidence that the accused committed the offence, it may return a verdict of not guilty.

The State closed its case a week ago.

Dewani is on trial for allegedly plotting with Tongo and others to kill his wife Anni while they were on honeymoon on Cape Town in November 2010.

He has pleaded not guilty to charges including kidnapping, murder and defeating the ends of justice.

He claims the couple was hijacked while Tongo drove them through Gugulethu in his minibus on Saturday, November 13, 2010.

He was released unharmed and Anni was driven away. She was found shot dead in the abandoned minibus in Khayelitsha the next morning.

The State alleges he conspired with others to stage the hijacking, for which he paid R15,000.

He maintains that Tongo helped him organise a surprise helicopter trip for Anni for R15,000.

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

Mbolombo was granted immunity from prosecution on two charges during Mngeni's trial but was warned he faced possible prosecution on various charges if he did not testify truthfully during Dewani's trial.


Source : Sapa /je/jk/ks
Date : 25 Nov 2014 12:07
 
JUDGE TO DECIDE ON DEWANI DISCHARGE

British businessman Shrien Dewani will have to wait almost two weeks to hear whether his application to be discharged of killing his wife has been successful.

Western Cape High Court Deputy Judge President Jeanette Traverso said on Tuesday she would deliver a ruling on December 8 unless she let the parties know otherwise.

"I obviously want to take time to consider the conclusions to which I will come," she said.

Dewani's legal team brought the application last week in terms of section 174 of the Criminal Procedure Act, which opened up the way for a discharge if the court believed there was no credible evidence at the close of the State's case.

The defence presented their argument on Monday and the State on Tuesday.

As prosecutor Adrian Mopp was bringing his argument to a close, Traverso asked if he agreed that their case rested on a single witness with regards to a conspiracy to kill Anni Dewani.

Mopp agreed that shuttle taxi driver Zola Tongo, as an accomplice witness, was the only person who communicated with Dewani.

Traverso said he was an unsatisfactory witness, even conceded to by the State.

"Not so unsatisfactory as to draw a line through the rest of the evidence," Mopp replied.

The judge said the legal test was that there had to be corroboration implicating the accused, which did not seem to be present in this case.

Mopp said they could point to additional circumstantial evidence.

Dewani is on trial for allegedly plotting with Tongo and others to kill his wife Anni while they were on honeymoon on Cape Town in November 2010.

He has pleaded not guilty to charges including kidnapping, murder and defeating the ends of justice.

He claims the couple was hijacked while Tongo drove them through Gugulethu in his minibus on Saturday, November 13, 2010.

He was released unharmed and Anni was driven away. She was found shot dead in the abandoned minibus in Khayelitsha the next morning.

The State alleges he conspired with others to stage the hijacking, for which he paid R15,000.

Dewani maintains that Tongo helped him organise a surprise helicopter trip for Anni for R15,000.

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

Hotel receptionist Monde Mbolombo was granted immunity from prosecution on two charges during Mngeni's trial but was warned he faced possible prosecution on various charges if he did not testify truthfully during Dewani's trial.


Source : Sapa /je/jk/ks
Date : 25 Nov 2014 16:07
 
“We are not dealing with anything normal here; we are dealing with South Africa. This is not Sweden or the UK, where you have a robust police and court system. These are black people,” Preyen is quoted as saying in a transcript secretly recorded by Anni's cousin during a meeting between the two families shortly after Anni's murder.

https://www.facebook.com/1772810157...41828.177281015730581/355380297920651/?type=1
 
The Admins of a facebook group delivered a petition to the Minister of Justice. They want the trial halted.

The wording of the petition is amateurish and lacks any legal merit.

Yet they claim it was prepared by a case expert.
 
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