It could be a merry Christmas for UK murder accused Shrien Dewani if the High Court in Cape Town throws out his case.
Yesterday, as the state closed its case against Dewani, his advocate Francois van Zyl informed the court that he intends bringing an application for discharge.
The case has been riddled with glaring contradictions between the state’s key witnesses and bungling by the state’s ballistic expert.
Instead of calling witnesses to fight in Dewani’s corner, Van Zyl, SC, told the court he would bring a discharge application.
Western Cape Deputy Judge President Jeannette Traverso adjourned proceedings until Monday when the prosecution and the defence will present oral arguments before Traverso rules on the application.
Dewani is on trial for allegedly orchestrating his wife Anni’s murder.
Zola Tongo, who chauffeured the couple during their honeymoon in Cape Town in 2010, claims Dewani hired him to find hitmen to kill Anni.
Tongo maintains that Dewani offered R15000 for the hit. Tongo said his friend Monde Mbolombo linked him up with Mziwamadoda Qwabe and Xolile Mngeni who killed Anni during a fake hijacking. Tongo, Mbolombo and Qwabe turned state witnesses. They all contradicted each other and deviated from their original statements during cross-examination.
But criminal law experts are divided on whether Dewani will be acquitted. Lawyer William Booth said Dewani had a strong case to warrant a discharge.
“In many instances courts don’t grant discharge – it is only when evidence is of such poor quality that no reasonable person can convict on that evidence. Looking at the three main witnesses, I think their evidence can be placed in the category of being of such poor quality.”
Another lawyer, Mustak Parker, said it was unlikely Dewani would be discharged. He said Dewani had a case to answer to, based on the evidence before court.
“As I read the position, I think it is unlikely,” said Parker.
Before yesterday’s adjournment, the state and the prosecution handed in a 48-page document outlining facts about the case that they agreed on.
These include the fact that Dewani gave staff at the Cape Grace Hotel where they stayed a R15000 tip four days after Anni’s death.
Dewani’s lawyer will ask court to set him free
Yesterday, as the state closed its case against Dewani, his advocate Francois van Zyl informed the court that he intends bringing an application for discharge.
The case has been riddled with glaring contradictions between the state’s key witnesses and bungling by the state’s ballistic expert.
Instead of calling witnesses to fight in Dewani’s corner, Van Zyl, SC, told the court he would bring a discharge application.
Western Cape Deputy Judge President Jeannette Traverso adjourned proceedings until Monday when the prosecution and the defence will present oral arguments before Traverso rules on the application.
Dewani is on trial for allegedly orchestrating his wife Anni’s murder.
Zola Tongo, who chauffeured the couple during their honeymoon in Cape Town in 2010, claims Dewani hired him to find hitmen to kill Anni.
Tongo maintains that Dewani offered R15000 for the hit. Tongo said his friend Monde Mbolombo linked him up with Mziwamadoda Qwabe and Xolile Mngeni who killed Anni during a fake hijacking. Tongo, Mbolombo and Qwabe turned state witnesses. They all contradicted each other and deviated from their original statements during cross-examination.
But criminal law experts are divided on whether Dewani will be acquitted. Lawyer William Booth said Dewani had a strong case to warrant a discharge.
“In many instances courts don’t grant discharge – it is only when evidence is of such poor quality that no reasonable person can convict on that evidence. Looking at the three main witnesses, I think their evidence can be placed in the category of being of such poor quality.”
Another lawyer, Mustak Parker, said it was unlikely Dewani would be discharged. He said Dewani had a case to answer to, based on the evidence before court.
“As I read the position, I think it is unlikely,” said Parker.
Before yesterday’s adjournment, the state and the prosecution handed in a 48-page document outlining facts about the case that they agreed on.
These include the fact that Dewani gave staff at the Cape Grace Hotel where they stayed a R15000 tip four days after Anni’s death.
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