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Shrien Dewani trial: Judge to consider if case should be dismissed Shrien Dewani trial: Judge hears dismissal application
(about 3 hours later)
A court in South Africa will consider whether a murder trial against a British man should be thrown out. A judge is being asked to throw out the case against UK businessman Shrien Dewani, who denies conspiring to murder his wife in South Africa.
Swedish national Anni Dewani, died in Cape Town, South Africa in 2010 after an apparent carjacking that went wrong. Swedish national Anni Dewani, was shot dead during the couple's honeymoon in Cape Town in 2010.
Her husband, businessman Shrien Dewani faces life if found guilty of arranging to have his wife Anni, 28, murdered while they were on honeymoon in 2010. Mr Dewani's defence claims a key prosecution witness is "unreliable".
If the judge disagrees with the application, the trial will continue and Mr Dewani may take the stand. Taxi driver Zola Tongo, who is serving 18 years for Mrs Dewani's murder, has told the court he was paid by Mr Dewani to organise the murder.
'Surprise helicopter trip' Defence lawyer Francois van Zyl told the Cape Town court the state's case rested on Tongo's evidence.
Shrien Dewani's defence team will apply to have the case dismissed on the grounds the prosecution has failed to present any real evidence against him. Western Cape High Court judge Jeanette Traverso is hearing the arguments for dismissal, although her decision is not expected until later in the week.
Western Cape High Court judge Jeanette Traverso will hear the arguments for dismissal although her decision is not expected until later in the week. The prosecution alleges Mr Dewani paid Tongo 15,000 rand (£1,000 at 2010 exchange rates) to organise his wife's death.
Mr Dewani, a businessman from Bristol, is on trial accused of plotting his wife's murder with three men - taxi driver Zola Tongo, Mziwamadoda Qwabe and Xolile Mngeni in November 2010. She was killed during an apparent carjacking.
Mngeni was sentenced to life in prison for Mrs Dewani's murder but died in jail. Qwabe was sentenced to 25 years. Mr Dewani maintains the money was for a surprise helicopter trip.
Tongo was sentenced to 18 years following a plea bargain deal. "The state's whole case was based on a conspiracy. Tongo is the pillar on which this case rests and if that pillar falls then the whole case collapses," said Mr van Zyl.
The prosecution claims Mr Dewani conspired with the trio to stage the hijacking, for which he paid 15,000 rand - less than £1,000 at the 2010 exchange rate. "Tongo proved to be a completely unreliable witness."
Mr Dewani maintains the money was actually for a surprise helicopter trip which Tongo was helping to arrange. 'No evidence'
Mr van Zyl also told the court Tongo had been hired by the Dewanis on their arrival in South Africa.
"At the hotel, Anni walks in with the porter and luggage. Shrien Dewani stays behind to pay him behind car. We cannot see, but they do not stay there very long."
Mr van Zyl said Mr Dewani came back to the car to talk to Tongo.
"You have to ask yourself how probable is that within half an hour he asks him to find a hitman," he said.
"Yes, there was a conspiracy. Yes, there was a hijack. Yes, Anni was shot. But there is no evidence Shrien Dewani was involved."
Two other men were also jailed following the murder. Xolile Mngeni was sentenced to life in prison and died in jail. Another man, Mziwamadoda Qwabe, was sentenced to 25 years.