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Shrien Dewani trial: Judge hears dismissal application | Shrien Dewani trial: Judge hears dismissal application |
(about 1 hour later) | |
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. | 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 was shot dead during the couple's honeymoon in Cape Town in 2010. | |
Mr Dewani's defence team claims a key prosecution witness is unreliable. | |
Taxi driver Zola Tongo, who is serving 18 years for Mrs Dewani's murder, has told the court he was paid by her husband to organise the murder. | Taxi driver Zola Tongo, who is serving 18 years for Mrs Dewani's murder, has told the court he was paid by her husband to organise the murder. |
Defence lawyer Francois van Zyl told the Cape Town court the state's case rested on Tongo's evidence. | Defence lawyer Francois van Zyl told the Cape Town court the state's case rested on Tongo's evidence. |
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 is hearing 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. | The prosecution alleges Mr Dewani paid Tongo 15,000 rand (£1,000 at 2010 exchange rates) to organise his wife's death. |
She was killed during an apparent carjacking. | She was killed during an apparent carjacking. |
Mr Dewani maintains the money was for a surprise helicopter trip. | Mr Dewani maintains the money was for a surprise helicopter trip. |
"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 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. |
"Tongo proved to be a completely unreliable witness." | "Tongo proved to be a completely unreliable witness." |
'No evidence' | 'No evidence' |
Mr van Zyl told the court Tongo had been hired by the honeymooners on their arrival in South Africa. | Mr van Zyl told the court Tongo had been hired by the honeymooners on their arrival in South Africa. |
When the taxi arrived at the Cape Grace Hotel, where they were staying, Mr Dewani spoke to Tongo about a job "that will make his business grow", the court has heard. | When the taxi arrived at the Cape Grace Hotel, where they were staying, Mr Dewani spoke to Tongo about a job "that will make his business grow", the court has heard. |
It is at this point, Tongo alleges, Mr Dewani said he wanted somebody killed. | It is at this point, Tongo alleges, Mr Dewani said he wanted somebody killed. |
The defence argues it was "improbable" that Tongo "virtually immediately" agreed to take part in a murder because he had "never been involved in any criminal activity". | The defence argues it was "improbable" that Tongo "virtually immediately" agreed to take part in a murder because he had "never been involved in any criminal activity". |
"You have to ask yourself how probable is that within half an hour he asks him to find a hit-man," Mr van Zyl said. | "You have to ask yourself how probable is that within half an hour he asks him to find a hit-man," Mr van Zyl said. |
"Yes, there was a conspiracy. Yes, there was a hijack. Yes, Anni was shot. But there is no evidence Shrien Dewani was involved." | "Yes, there was a conspiracy. Yes, there was a hijack. Yes, Anni was shot. But there is no evidence Shrien Dewani was involved." |
In a 127-page submission to the court, Mr Dewani's defence team argues there is "no credible evidence" that implicates their client in the case. | In a 127-page submission to the court, Mr Dewani's defence team argues there is "no credible evidence" that implicates their client in the case. |
It also argues that the state's other witnesses, Mziwamadoda Qwabe and hotel receptionist Monde Mbolombo, were "poor" witnesses whose evidence "cannot be relied upon". | It also argues that the state's other witnesses, Mziwamadoda Qwabe and hotel receptionist Monde Mbolombo, were "poor" witnesses whose evidence "cannot be relied upon". |
Qwabe was sentenced to 25 years for his part in the murder. Monde was granted immunity. Xolile Mngeni was sentenced to life in prison and died in jail. | Qwabe was sentenced to 25 years for his part in the murder. Monde was granted immunity. Xolile Mngeni was sentenced to life in prison and died in jail. |