Salt in wound for Hindochas

09 December 2014 - 08:37 By PHILANI NOMBEMBE and NASHIRA DAVIDS
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DOUBLE BLOW: Anni Dewani's sister Ami Denborg, her brother Anish and father, Vinod Hindocha, outside the Cape Town High Court yesterday. Denborg said the justice system had failed them.
DOUBLE BLOW: Anni Dewani's sister Ami Denborg, her brother Anish and father, Vinod Hindocha, outside the Cape Town High Court yesterday. Denborg said the justice system had failed them.
Image: ESA ALEXANDER

Anni Dewani's family is leaving South Africa empty-handed, believing the "justice system has failed" them.

Yesterday, the family was whisked away from the Cape Town High Court, where they had hoped their in-law Shrien Dewani would take the stand to explain what had happened on the night of November 13 2010. Instead, he was set free.

Anni's uncle Ashok Hindocha said that since she had been killed their lives had come to a standstill.

"Since that extremely painful day, our family and friends have endured a wait and sleepless nights of more than four years to learn the full story of how she met her death and for justice to be delivered."

He said the family was "returning home with more questions than answers, and to many more sleepless nights.

Family members sobbed in court while the Dewanis shed tears of relief as the murder case against Dewani was dismissed.

Anni's father, Vinod Hindocha, who usually addresses the media was at a loss for words.

Judge Jeanette Traverso set Dewani free after his counsel applied for his discharge. Francois van Zyl argued that the state's case was based on lies.

Key witnesses Zola Tongo, Mziwamadoda Qwabe - both convicted of Anni's murder - and Monde Mbolombo had contradicted each other. Traverso found that the trio had "twisted evidence" to incriminate Dewani.

She picked apart the testimony of Tongo, the only man able to link Dewani to the crime, and concluded: "One does not know where the lies end and the truth begins."

The only other legal avenue open to the Hindochas is to institute a civil suit against Dewani in the UK, arguing that he got Anni to marry him under false pretences.

"Anni would not have married [Dewani] if she had known about his secret life with male prostitutes," said Ashok. "Neither would we, as a family, have condoned a union with a man who indulged himself in such a sordid manner.

"We will now go through this case with our lawyers to confirm whether we can file a lawsuit against [Dewani] in the UK."

Not only Anni's family is disappointed.

Qwabe's mother, who did not want to be named, said Dewani's acquittal was "painful".

"My child is languishing in prison while Dewani will fly home. It is nice to be wealthy. If I had money I would also demand that my child be released," she said.

Criminal law expert William Booth said Traverso's ruling could not be appealed.

"The state can't appeal the decision. It is the end of the road, Dewani is free," said Booth.

Lawyer Martin Hood said Traverso's decision was "correct" but warned it would be difficult for the general public to comprehend.

"The National Prosecuting Authority was damned if it prosecuted and damned if it didn't. There were all sorts of outside pressures, the media, society and perception of our country and they made a bad call to prosecute this case. But if they did not prosecute there would have been an equal outcry," said Hood.

Traverso said in her ruling that it was regrettable that there were so many unanswered questions about what had happened on the night Anni was killed.

She noted the "plight of the Hindocha" family and the public outcry about the case.

But she had taken an oath and had to rely on the evidence before her - it was insufficient and she was left with no other choice but to let Dewani go, she said.

NPA spokesman Nathi Mncube said the prosecution was "very disappointed" but conceded that the evidence it had presented was poor.

Traverso found that Mbolombo should be prosecuted.

 

A-Z of a sensational murder trial - Nashira Davids

A - Anni: Anni Ninna Hindocha born in Sweden in 1982.

B - Botha: advocate Pieter Botha was Shrien Dewani's junior counsel.

C - Cape Town: Shrien and Anni Dewani were on honeymoon in Cape Town when she was killed on November 13 2010.

D - Dewani: the Dewanis are a wealthy family from Bristol in the UK where they run care homes.

E - Engelbrecht: police ballistics expert Pieter Engelbrecht admitted to serious flaws in his investigation.

F - Francois: Dewani secured the services of top criminal lawyer Francois van Zyl SC.

G - Gaydar: Shrien Dewani has admitted membership of gay dating website Gaydar.

H - Hindocha: the Hindochas are from Sweden. Anni's father, Vinod, mother Nilam, sister Ami and brother Anish travelled between the UK and South Africa hoping Dewani would eventually shed light on how she died.

I - India: Anni and Shrien Dewani were married in Mumbai.

J - Judge: Judge Jeanette Traverso yesterday acquitted Dewani of Anni's murder.

K - Khayelitsha: Anni's body was found slumped in the back seat of a vehicle in Khayelitsha.

L - Lingelethu West police station, in Khayelitsha: Lingelethu officers found Anni's body.

M - Monde Mbolomobo, a receptionist at the hotel at which the newlyweds were staying in Cape Town. He allegedly helped orchestrate the crime. Traverso said he was a "self-confessed liar" who should be prosecuted.

N - Nilam Hindocha, Anni's mother, diagnosed with cancer after her daughter's death.

O - October 6: start of Dewani's murder trial.

P - Preyen Dewani, Shrien's brother. He has played a pivotal role in trying to prove his brother's innocence.

Q - Qwabe: Mziwamadoda Qwabe was allegedly the first of the hitmen to be recruited.

R - Riddle: UK Judge Howard Riddle ruled that Dewani be extradited to South Africa.

S - Shrien Dewani is a chartered accountant.

T - Theresa May: UK Home Secretary; signed Dewani's extradition warrant.

U - Uganda: the Hindochas fled to Sweden from Uganda in the 1970s.

V - VW: Anni's body was found in a VW Sharan.

W - Westbury-on-Trym: Location of the Dewani family home in Bristol.

X - Xolile Mngeni shot and killed Anni Dewani. He died this year.

Y - Yellow: Qwabe wore yellow kitchen gloves when he committed the crime.

Z - Zola Tongo, the shuttle-taxi operator Dewani allegedly approached to have Anni killed.

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