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Anni Dewani murder: court hears from third accomplice as trial begins Anni Dewani murder: court hears from third accomplice as trial begins
(about 1 month later)
Anni Dewani had been married for just 12 days when she was killed in a car hijacking in Cape Town. Twenty months on, with her husband fighting extradition from Britain, the opening of the trial of one of her alleged killers should have been a sensation.Anni Dewani had been married for just 12 days when she was killed in a car hijacking in Cape Town. Twenty months on, with her husband fighting extradition from Britain, the opening of the trial of one of her alleged killers should have been a sensation.
But from the moment the gaunt Xolile Mngeni arrived at Western Cape high court, bent over a Zimmer frame, the case seemed once again to present more questions than answers.But from the moment the gaunt Xolile Mngeni arrived at Western Cape high court, bent over a Zimmer frame, the case seemed once again to present more questions than answers.
The dock in court two, a wood-panelled room, was empty and will remain that way for the five weeks allotted to the trial. Mngeni, 25, who allegedly has trouble concentrating after treatment for a brain tumour, gained dispensation to sit, instead, alongside his lawyer.The dock in court two, a wood-panelled room, was empty and will remain that way for the five weeks allotted to the trial. Mngeni, 25, who allegedly has trouble concentrating after treatment for a brain tumour, gained dispensation to sit, instead, alongside his lawyer.
This makes, visually, for a trial without a defendant – fuel for the imagination in a case where the prosecution would have preferred 32-year-old Shrien Dewani to be sitting there.This makes, visually, for a trial without a defendant – fuel for the imagination in a case where the prosecution would have preferred 32-year-old Shrien Dewani to be sitting there.
Eric Ntabazalila, the prosecution spokesman, said: "We respect the [extradition] process going on at Westminster magistrates' court but if it had been up to us we would have liked Dewani in the stand."Eric Ntabazalila, the prosecution spokesman, said: "We respect the [extradition] process going on at Westminster magistrates' court but if it had been up to us we would have liked Dewani in the stand."
Mngeni, wearing a purple cardigan and a black jacket over his head to hide his face, pleaded not guilty to all five charges against him – kidnapping, robbery, murder, illegal possession of firearms, and of ammunition.Mngeni, wearing a purple cardigan and a black jacket over his head to hide his face, pleaded not guilty to all five charges against him – kidnapping, robbery, murder, illegal possession of firearms, and of ammunition.
His lawyer, Qalisile Dayimani, also raised a question about "the identity of the victim", suggesting this could be questioned by the defence.His lawyer, Qalisile Dayimani, also raised a question about "the identity of the victim", suggesting this could be questioned by the defence.
"We're in for the long haul," said Judge Robert Henney, presiding alone because South African justice does not use the jury system."We're in for the long haul," said Judge Robert Henney, presiding alone because South African justice does not use the jury system.
Anni Dewani, a Swedish national, was 28 when she was killed by gunshot to the neck in what was presented as a car hijacking in Gugulethu township on 13 November 2010.Anni Dewani, a Swedish national, was 28 when she was killed by gunshot to the neck in what was presented as a car hijacking in Gugulethu township on 13 November 2010.
This month, Mziwamadoda Qwabe, 27, was jailed for 25 years at the Western Cape high court for robbery, her kidnap, and murder. He was the second South African, following the 32-year-old taxi driver Zola Tongo, to turn state witness in the case. Tongo was sentenced to 18 years in prison in December 2010.This month, Mziwamadoda Qwabe, 27, was jailed for 25 years at the Western Cape high court for robbery, her kidnap, and murder. He was the second South African, following the 32-year-old taxi driver Zola Tongo, to turn state witness in the case. Tongo was sentenced to 18 years in prison in December 2010.
Tongo and Qwabe have both alleged they were acting under instructions from Shrien Dewani, a care home owner from Westbury-on-Trym, Bristol. Dewani is being treated for depression and post-traumatic stress. His extradition hearing is due to resume on 18 September.Tongo and Qwabe have both alleged they were acting under instructions from Shrien Dewani, a care home owner from Westbury-on-Trym, Bristol. Dewani is being treated for depression and post-traumatic stress. His extradition hearing is due to resume on 18 September.
According to Tongo's plea bargain confession, which was read to the Western Cape high court in December 2010, Dewani paid him 1,000 rand (about £92) to stage a car hijacking that would end in the murder of his engineering graduate wife in a township.According to Tongo's plea bargain confession, which was read to the Western Cape high court in December 2010, Dewani paid him 1,000 rand (about £92) to stage a car hijacking that would end in the murder of his engineering graduate wife in a township.
The plea bargain stated: "The alleged hijacking was not a hijacking but part of a plan of subterfuge which Shrien Dewani and the accused [Tongo] had designed to conceal true facts, to wit that the deceased was murdered at the instance of her husband." The statement said Tongo was approached on 12 November by Dewani at Cape Town airport as he waited for taxi customers. Tongo drove the couple to their hotel, the Cape Grace.The plea bargain stated: "The alleged hijacking was not a hijacking but part of a plan of subterfuge which Shrien Dewani and the accused [Tongo] had designed to conceal true facts, to wit that the deceased was murdered at the instance of her husband." The statement said Tongo was approached on 12 November by Dewani at Cape Town airport as he waited for taxi customers. Tongo drove the couple to their hotel, the Cape Grace.
He said: "After we arrived, Shrien Dewani approached me alone and asked me if I knew anyone that could 'have a client of his taken off the scene, a woman'. He said he was willing to pay an amount of 15,000 rand [about £1,400]."He said: "After we arrived, Shrien Dewani approached me alone and asked me if I knew anyone that could 'have a client of his taken off the scene, a woman'. He said he was willing to pay an amount of 15,000 rand [about £1,400]."
In their confessions, Qwabe and Tongo, both referred to a "friend" who allegedly facilitated the pseudo-carjacking in return for 5,000 rand.In their confessions, Qwabe and Tongo, both referred to a "friend" who allegedly facilitated the pseudo-carjacking in return for 5,000 rand.
On Wednesday, the "friend" appeared as the prosecution's "witness number one". A hotel receptionist in his 20s or early 30s he cannot be named as he has been granted immunity from prosecution.On Wednesday, the "friend" appeared as the prosecution's "witness number one". A hotel receptionist in his 20s or early 30s he cannot be named as he has been granted immunity from prosecution.
The receptionist, responding to questions from the prosecution advocate, Shereen Riley, said that Tongo had visited him at the hotel where he worked, at Century City on the outskirts of Cape Town, on the evening of 12 November. The two men had known each other for three years as Tongo had a tour-guiding and driving contract with the hotel.The receptionist, responding to questions from the prosecution advocate, Shereen Riley, said that Tongo had visited him at the hotel where he worked, at Century City on the outskirts of Cape Town, on the evening of 12 November. The two men had known each other for three years as Tongo had a tour-guiding and driving contract with the hotel.
The man, smartly dressed and shaven-headed, told the court: "Zola asked, do I know anyone who is a hitman? He mentioned that there is a lady that needs to be killed and it must look like a hijack. There was a gentleman who wanted this lady to be killed. He said this gentleman is not from here. He was in South Africa and has done this before.''The man, smartly dressed and shaven-headed, told the court: "Zola asked, do I know anyone who is a hitman? He mentioned that there is a lady that needs to be killed and it must look like a hijack. There was a gentleman who wanted this lady to be killed. He said this gentleman is not from here. He was in South Africa and has done this before.''
Judge Robert Henney, calling for help from the court's isiXhosa translator, asked the receptionist to explain what "the gentleman" had done before.Judge Robert Henney, calling for help from the court's isiXhosa translator, asked the receptionist to explain what "the gentleman" had done before.
"He had done a killing that looked like a hijack," said the receptionist."He had done a killing that looked like a hijack," said the receptionist.
A report in the South African City Press newspaper in December 2010 had linked Shrien Dewani to the killing in October 2007 of Pox Raghavjee, a doctor living in the Eastern Cape. The 60-year-old GP was said to have been a friend of Dewani's family. However, South African police later dismissed this report.A report in the South African City Press newspaper in December 2010 had linked Shrien Dewani to the killing in October 2007 of Pox Raghavjee, a doctor living in the Eastern Cape. The 60-year-old GP was said to have been a friend of Dewani's family. However, South African police later dismissed this report.
At the Dewani trial, the hotel worker said that he put Tongo in touch with a man in Khayelitsha township he named as Abongile, or Spa. The names used in Tongo's December 2010 confession suggest that Abongile and Qwabe are one and the same.At the Dewani trial, the hotel worker said that he put Tongo in touch with a man in Khayelitsha township he named as Abongile, or Spa. The names used in Tongo's December 2010 confession suggest that Abongile and Qwabe are one and the same.
Tongo's confession also states that on Saturday 13 November 2010 he took the couple to see the sights in Cape Town before driving them to Gugulethu township, where there was to be the rendezvous with the hitmen.Tongo's confession also states that on Saturday 13 November 2010 he took the couple to see the sights in Cape Town before driving them to Gugulethu township, where there was to be the rendezvous with the hitmen.
However, Tongo missed the rendezvous with the killers and drove the couple instead to a restaurant about 30 miles from Cape Town. After the supper he took the couple back to Gugulethu for the staged hijacking in a street called Native Yard 112 where Mngeni and Qwabe, both armed with shotguns, were waiting.However, Tongo missed the rendezvous with the killers and drove the couple instead to a restaurant about 30 miles from Cape Town. After the supper he took the couple back to Gugulethu for the staged hijacking in a street called Native Yard 112 where Mngeni and Qwabe, both armed with shotguns, were waiting.
Tongo said: "Qwabe got in at the driver's side and Mngeni got in at the back. The Dewanis were made to lie down on the back seat and Qwabe drove off.Tongo said: "Qwabe got in at the driver's side and Mngeni got in at the back. The Dewanis were made to lie down on the back seat and Qwabe drove off.
"Shrien Dewani and I continued to pretend we were being hijacked. Qwabe travelled for a short distance before he stopped and I was ordered to get out of the vehicle. I knew that Mngeni and Qwabe would not harm Shrien Dewani and that he would be dropped off at some further point.""Shrien Dewani and I continued to pretend we were being hijacked. Qwabe travelled for a short distance before he stopped and I was ordered to get out of the vehicle. I knew that Mngeni and Qwabe would not harm Shrien Dewani and that he would be dropped off at some further point."
Yesterday in court, the hotel receptionist, who said he was at work at the time of the hijack, described a volley of phone calls between him, Tongo and Abongile on the night of the killing.Yesterday in court, the hotel receptionist, who said he was at work at the time of the hijack, described a volley of phone calls between him, Tongo and Abongile on the night of the killing.
He said he last spoke to Tongo when he was leaving the restaurant with the couple. "He said 'we are going to Gugulethu' and then I finished my shift and there were no further calls," the receptionist told the court.He said he last spoke to Tongo when he was leaving the restaurant with the couple. "He said 'we are going to Gugulethu' and then I finished my shift and there were no further calls," the receptionist told the court.
"[Abongile] told me not to ask too many questions. What needed to be done had been done. He told me to tell Zola he wanted a further 5,000 rand. He said he was supposed to get 15,000 rand but he had only received 10,000 rand.''"[Abongile] told me not to ask too many questions. What needed to be done had been done. He told me to tell Zola he wanted a further 5,000 rand. He said he was supposed to get 15,000 rand but he had only received 10,000 rand.''
According to newspaper reports, Dewani was dropped from the car in Gugulethu at about 11pm. This is corroborated by Anni Dewani's family in Sweden who received a phone call from him in which he said car hijackers had dumped him and made off with his wife inside the car.According to newspaper reports, Dewani was dropped from the car in Gugulethu at about 11pm. This is corroborated by Anni Dewani's family in Sweden who received a phone call from him in which he said car hijackers had dumped him and made off with his wife inside the car.
Tongo's people-carrier, a silver Volkswagen Sharan, was found the next day in Khayelitsha township with Anni Dewani's body in the back seat.Tongo's people-carrier, a silver Volkswagen Sharan, was found the next day in Khayelitsha township with Anni Dewani's body in the back seat.
She had been shot in the neck. She had been robbed of effects worth 90,000 rand - a Giorgio Armani watch, a white gold and diamond bracelet, a handbag and a Blackberry phone.She had been shot in the neck. She had been robbed of effects worth 90,000 rand - a Giorgio Armani watch, a white gold and diamond bracelet, a handbag and a Blackberry phone.
Tongo's confession concluded: "Subsequent to the deceased's death I met with Shrien Dewani at the hotel on 16 November where I received 1,000 rand as payment for my role in orchestrating the murder, robbery and kidnapping of the deceased."Tongo's confession concluded: "Subsequent to the deceased's death I met with Shrien Dewani at the hotel on 16 November where I received 1,000 rand as payment for my role in orchestrating the murder, robbery and kidnapping of the deceased."
Tongo and Qwabe are expected to be among 32 state witnesses slated for the Western Cape high court trial. It will resume on Thursday with further questioning of the hotel receptionist.Tongo and Qwabe are expected to be among 32 state witnesses slated for the Western Cape high court trial. It will resume on Thursday with further questioning of the hotel receptionist.
Anni Dewani's family, who have attended many of the legal stages in the case both in South Africa and Britain, are not in Cape Town this week. "We never know if there is actually going to be a trial. Our hopes have been raised and dashed so many times," Ashok Hindocha, a hotelier and Anni Dewani's uncle, told the Guardian on the phone from Sweden.Anni Dewani's family, who have attended many of the legal stages in the case both in South Africa and Britain, are not in Cape Town this week. "We never know if there is actually going to be a trial. Our hopes have been raised and dashed so many times," Ashok Hindocha, a hotelier and Anni Dewani's uncle, told the Guardian on the phone from Sweden.
Even as the trial is due to progress, questions linger over Mngeni's health, despite the fact that he has been declared fit to stand trial by a neuro-psychologist.Even as the trial is due to progress, questions linger over Mngeni's health, despite the fact that he has been declared fit to stand trial by a neuro-psychologist.
"He suffers from seizures and has trouble concentrating," said his lawyer, Dayimani. "We are going into a marathon trial with a person who has reduced levels of attentional focus and lack of memory. I am going to have a difficult job.""He suffers from seizures and has trouble concentrating," said his lawyer, Dayimani. "We are going into a marathon trial with a person who has reduced levels of attentional focus and lack of memory. I am going to have a difficult job."
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