Experts divided on Dewani

10 November 2014 - 02:06 By Philani Nombembe and Nashira Davids
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WHITEWASH: Shrien Dewani could get a lifeline with a convicted criminal's testimony this week
WHITEWASH: Shrien Dewani could get a lifeline with a convicted criminal's testimony this week
Image: REUTERS

Millions of rands of taxpayers' money has been spent on the prosecution of UK millionaire Shrien Dewani but legal experts are divided about the strength of the state's case.

The Times estimates that so far the state has spent in excess of R3-million on bringing Dewani to trial.

This includes the cost of flying three witnesses from the UK to testify and chartering a private plane to transport Dewani.

It does not include the cost of running the trial or Dewani's stay in Valkenberg Hospital.

The National Prosecution Authority and the Department of Justice would not say how much has been spent on the case so far.

Dewani is facing murder, kidnapping and robbery charges for allegedly orchestrating his wife Anni's killing in November 2010 while the couple were on honeymoon in Western Cape.

He has pleaded not guilty.

Over the past five weeks the state has called 14 witnesses to support its case that the UK businessman wanted to get out of his marriage and so arranged to have his new wife murdered.

But now that testimonies and cross-examinations have been heard a legal expert has expressed doubt about the strength of the state's case.

"The case is not looking that great," said criminal law expert William Booth.

"The state's evidence must be reliable and trustworthy in every material respect."

Booth said the strength of the state's case depended on Zola Tongo's testimony. He said the court could not ignore the contradictions between the evidence of Tongo, the taxi operator who hired the hitmen, and Mziwamadoda Qwabe, one of the hitmen.

Booth said other threats to the state's case included:

  • A witness had admitted to lying under oath;
  • A state ballistics expert admitted his investigation was sloppy;
  • A police officer admitted to losing his pocket book and;
  • One of the UK witnesses could not testify after the judge ruled his evidence was not relevant, and another witness spent only 10 minutes on the witness stand.

Booth said the contradictions between the evidence of Tongo and Mziwamadoda were material "because we are dealing with the evidence of accomplices".

"The defence can at the end of the state's case bring an application for a discharge in terms of section 174 of the Criminal Procedure Act.

"The court will have to decide if the evidence is of such poor quality that no reasonable person [would] accept it."

He said it was "extremely worrying" that one of the key witnesses, Monde Mbolombo, who allegedly put Tongo in contact with the hitmen, had confessed to misleading another court.

But another lawyer, Mustak Parker, said contradictions between witnesses' evidence was an indication of credibility.

He believed Dewani could be convicted on the evidence before the court.

"The state's witnesses' evidence [would have] to be absolutely atrocious - so bad that it is almost blatantly a lie. And the court must draw a line through it as completely and utterly unreliable and untrustworthy," said Parker on the prospects of a successful discharge application.

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