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Shrien Dewani’s lawyers apply for murder case dismissal Shrien Dewani’s lawyers apply for murder case dismissal
(about 5 hours later)
Shrien Dewani’s lawyers have applied for the murder case against him to be thrown out of court for lack of evidence.Shrien Dewani’s lawyers have applied for the murder case against him to be thrown out of court for lack of evidence.
Francois van Zyl, Dewani’s barrister, made the discharge application on Monday after the prosecution finished making its case. He informed the trial judge, Jeanette Traverso, that he would provide written reasons as to why the Briton’s case should be thrown out on Wednesday.Francois van Zyl, Dewani’s barrister, made the discharge application on Monday after the prosecution finished making its case. He informed the trial judge, Jeanette Traverso, that he would provide written reasons as to why the Briton’s case should be thrown out on Wednesday.
The prosecution, Van Zyl told the court, had agreed to provide reasons why the discharge application should be rejected on Friday.The prosecution, Van Zyl told the court, had agreed to provide reasons why the discharge application should be rejected on Friday.
Accused of the murder of his wife, Anni, in township hijacking plot in 2010, Shrien Dewani has spent the past six weeks in Cape Town’s high court listening to the evidence against him. But while the National Prosecuting Authority (NPA) has brought almost 20 witnesses, many legal commentators have expressed concern about the strength of their evidence.Accused of the murder of his wife, Anni, in township hijacking plot in 2010, Shrien Dewani has spent the past six weeks in Cape Town’s high court listening to the evidence against him. But while the National Prosecuting Authority (NPA) has brought almost 20 witnesses, many legal commentators have expressed concern about the strength of their evidence.
William Booth, chairman of the South African Law Society, described the prosecution case as very poor; James Grant, professor of criminal law at University of the Witwatersrand in Johannesburg, said much of the NPA’s evidence appeared less strong than they thought. William Booth, chairman of the criminal law committee of the Cape Law Society described the prosecution case as very poor; James Grant, professor of criminal law at University of the Witwatersrand in Johannesburg, said much of the NPA’s evidence appeared less strong than they thought.
If successful, Shrien Dewani’s discharge application would lead to the immediate cessation of his trial. He would then be released from the Valkenberg secure psychiatric facility in Cape Town and would be free to return home to the UK.If successful, Shrien Dewani’s discharge application would lead to the immediate cessation of his trial. He would then be released from the Valkenberg secure psychiatric facility in Cape Town and would be free to return home to the UK.
On Monday morning, however, Grant and Booth warned that discharge was far from certain. While neither man knew how often Section 174 discharge applications succeeded, they pointed out how the NPA achieved convictions in 88% of higher court cases. This statistic, they said, indicated that discharge applications were rarely granted.On Monday morning, however, Grant and Booth warned that discharge was far from certain. While neither man knew how often Section 174 discharge applications succeeded, they pointed out how the NPA achieved convictions in 88% of higher court cases. This statistic, they said, indicated that discharge applications were rarely granted.
Section 174 discharge applications were made regularly in criminal cases, Grant said, adding: “In fact, there are very few cases in which they are not done.”Section 174 discharge applications were made regularly in criminal cases, Grant said, adding: “In fact, there are very few cases in which they are not done.”
Booth said: “Court are generally very reluctant to grant these applications. Even when the prosecution evidence is of a very poor quality, many judges would rather say: ‘let’s just heard the defence anyway’.”Booth said: “Court are generally very reluctant to grant these applications. Even when the prosecution evidence is of a very poor quality, many judges would rather say: ‘let’s just heard the defence anyway’.”
The NPA’s handling of the case has repeatedly fallen foul of Traverso, the second highest judge in Cape Town. She has twice stopped the lead prosecutor, Adrian Mopp, from presenting evidence she deemed immaterial and irrelevant. She has also repeatedly warned Mopp and his deputy, Shareen Riley, not to introduce unprovable “hearsay”.The NPA’s handling of the case has repeatedly fallen foul of Traverso, the second highest judge in Cape Town. She has twice stopped the lead prosecutor, Adrian Mopp, from presenting evidence she deemed immaterial and irrelevant. She has also repeatedly warned Mopp and his deputy, Shareen Riley, not to introduce unprovable “hearsay”.
But the most serious weakness in the case, most commentators agree, is that Shrien Dewani’s three main accusers, all of whom have admitted taking part in his wife’s murder, have given varying accounts of how she died.But the most serious weakness in the case, most commentators agree, is that Shrien Dewani’s three main accusers, all of whom have admitted taking part in his wife’s murder, have given varying accounts of how she died.
Booth said the NPA’s prosecution evidence had been so poor “there is a chance that [Judge Traverso] will grant [the discharge]”. Under South African law a case can be thrown out if at its close the court believes there is no evidence that the accused committed the offence.Booth said the NPA’s prosecution evidence had been so poor “there is a chance that [Judge Traverso] will grant [the discharge]”. Under South African law a case can be thrown out if at its close the court believes there is no evidence that the accused committed the offence.
Booth and Grant pointed out this did not mean there must literally be no evidence against Shrien Dewani for the discharge application to succeed, only that there be insufficient evidence for the court to reasonably expect guilt to be proved.Booth and Grant pointed out this did not mean there must literally be no evidence against Shrien Dewani for the discharge application to succeed, only that there be insufficient evidence for the court to reasonably expect guilt to be proved.
Anni Dewani died on 13 November 2010 when the taxi she and her husband of two weeks were travelling in was hijacked as it passed through the dangerous Cape Town township of Gugulethu.Anni Dewani died on 13 November 2010 when the taxi she and her husband of two weeks were travelling in was hijacked as it passed through the dangerous Cape Town township of Gugulethu.
Three South Africans have admitted their involvement in her murder and have, in return for time off their prison sentences or for immunity from prosecution, given witness evidence against Shrien Dewani.Three South Africans have admitted their involvement in her murder and have, in return for time off their prison sentences or for immunity from prosecution, given witness evidence against Shrien Dewani.
The 34-year-old businessman denies any involvement in his wife’s murder. His trial has been adjourned and will reconvene on Monday to address the discharge application.The 34-year-old businessman denies any involvement in his wife’s murder. His trial has been adjourned and will reconvene on Monday to address the discharge application.