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A man accused of killing honeymooner Anni Dewani made two statements to the police, the Western Cape High Court heard today.
Lawyer Qalisile Dayimani told the court Xolile Mngeni had instructed him that he made a statement on November 16, 2010, mere hours before making formal admissions to Captain Adolf Jonker.
Judge Robert Henney told Dayimani this had not been raised before, and that he knew of only one statement.
This statement forms part of a trial-within-a-trial, in which the court must decide whether the State can admit the statement as evidence to be used later in the trial.
The defence has argued the statement was made under duress and has questioned the authenticity of a video of Mngeni making the statement.
Dewani was killed in Gugulethu on November 13, 2010, in an apparent hijacking while on honeymoon with her husband Shrien.
Mngeni has pleaded not guilty to charges of kidnapping, robbery with aggravating circumstances, murder, and illegal possession of a firearm and ammunition.
Henney asked Dayimani if he was sure that the instruction he had referred to was official.
Dayimani asked for a moment to consult with his client, but the judge refused.
“Now you try to paint the picture that there was another statement that might have been made... While you don't have instructions from the accused... This is nothing but a fishing expedition,” Henney said.
Dayimani spent a minute whispering to Mngeni, then told the judge Mngeni was interviewed by a lieutenant-colonel that day and saw him taking notes. However, he did not recall signing the notes.
Dayimani said he would continue on the basis that only one statement was made.
The trial continues.