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Concerns over ill accused in Dewani trial


IOL news feb 13 SA ct Xolile Mngeni_4782 (19374346)

CAPE TIMES

FILE PHOTO: Xolile Mngeni (white hooded top), one of the men accused of murdering honeymoon bride Anni Dewani, has a brain tumour.

One of the men accused of murdering UK honeymooner Anni Dewani could apply to have his trial run separately, should there be any more delays in the case.

Mziwamadoda Qwabe and Xolile Mngeni appeared in the Western Cape High Court for the first time on Friday for a pre-trial conference.

The two – along with British businessman Shrien Dewani, who allegedly orchestrated the murder – are both accused of killing Anni on November 10, 2010, while the newlywed couple were celebrating their honeymoon in Cape Town.

In court, State advocate Shareen Riley announced the prosecution’s plan to add another accused, Dewani, to the dock.

This process, however, is being held up as the State is awaiting judgement in Dewani’s appeal against a UK order for his extradition to SA.

While they had enquired as to when this would happen, they had not been given a date for the judgment.

However, the defence lawyers for both Qwabe and Mngeni have indicated their reluctance to have the matter delayed.

Qwabe’s attorney, Thabo Nogemane, told the court that he had “made it clear that we are not in a position to wait for an outcome (in Dewani’s appeal)”. Speaking later outside the courthouse, Nogemane said that it was not in his client’s interest to have the matter delayed any longer.

He said should there be any more hold-ups he would apply for a separation of trials from that of Mngeni and Dewani, should he be extradited.

Mngeni was ill, and it was unclear when there would be an outcome in the Dewani appeal.

“If the medical condition of the other accused causes a delay and we’re also waiting for a Dewani judgment, it is not fair to make my client wait,” said Nogemane.

“My client is ready to go to trial; he can’t wait for other accused.”

Meanwhile, Mngeni’s advocate, Mornay Calitz, has raised concerns during the court proceedings over the media “hype” surrounding the case.

Calitz said that there had to be “some distance” between the photographers and Mngeni because he was ill.

According to medical reports that were submitted to the Wynberg Regional Court last year, Mngeni has a brain tumour.

“I have some concerns about him (Mngeni) and the manner in which it’s done is not conducive to his health,” said Calitz. - Cape Times

leila.samodien@inl.co.za

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