Anni’s family leave SA disappointed

Anni Dewani's family are leaving South Africa empty-handed for the “justice system has failed” them.

They were whisked away from the Cape Town High Court yesterday where they had hoped their son-in-law, Shrien Dewani, would take the stand to explain what had happened on the night of November 13 2010.

Four years ago when Dewani was first taken into custody for her murder, Anni's father Vinod Hindocha expressed his confidence in the South African criminal justice system.

But yesterday he fired: “We are leaving here with more questions than answers”.

Judge Jeanette Traverso set Dewani free after his counsel applied for his discharge in terms of Section 174 of the Criminal Procedure Act.

Dewani's senior counsel, Francois van Zyl, argued that the state's case was based on lies and their key witnesses – Zola Tongo, Mziwamadoda Qwabe and Monde Mbolombo – had contradicted each other.

Tongo is serving an 18-year sentence for her murder after he turned state witness. Similarly Qwabe got 25 years for his role while Mbolombo was granted immunity on some charges.

But Traverso found the trio had “twisted evidence” to incriminate Dewani.

Anni’s uncle, Ashok Hindocha, issued a statement in which he said Anni would not have married Dewani if she had known about his secret life with male prostitutes, said Ashok.

“Neither would we have, as a family, condoned a union with a man who indulged himself in such a sordid manner. We will now go through this case with our lawyers to confirm whether we can file a lawsuit against in the UK.”

It is not just Anni’s family who are disappointed, Qwabe's mother – who did not want to be named – said news of Dewani’s acquittal was “painful”.

Criminal law expert, William Booth, said the judgment on the 174 application cannot be appealed.

“This is a factual decision, as I see it, made on the basis that the evidence was so poor. The state can’t appeal the decision. It is the end of the road, Dewani is free,” said Booth.

Meanwhile, lawyer Martin Hood said Traverso’s decision was “correct” but warned it would be difficult for the general public to comprehend.

Traverso found the trio were not “typical criminals”. Instead they were “bright” and “intelligent” but “at the same time calculated”.

NPA spokesman, Nathi Mncube, said they were “very disappointed” in the ruling but conceded that the evidence they presented had been poor.

Traverso found that Mbolombo should be prosecuted.

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