Cape Town - Murder accused Shrien Dewani's lawyer tried to suggest on Wednesday that convicted taxi driver Zola Tongo may have entered a plea bargain to qualify for earlier parole.
Francois van Zyl, for Dewani, asked Tongo about the plea bargain he entered into onto December 7, 2010.
“The offences listed in the agreement carry a minimum sentence of life imprisonment. Was that explained to you?” Van Zyl asked.
Tongo, who testified for the State in Dewani's trial on a charge of murdering his wife Anni, said yes.
In the agreement, Tongo argued why the minimum sentence should not apply, including that he co-operated with police and was willing to testify in future regarding the conspiracy to kill Anni Dewani.
“If you were sentenced to life imprisonment sir, are you aware that you would only be eligible for parole after 25 years?” the lawyer asked.
Tongo said he understood the conditions of the agreement that his attorney explained to him.
Van Zyl said part of the plea bargain was that he would instead be eligible for parole after nine years, half of his 18-year jail term, if he behaved well.
“If you should testify for the State, and you should, as a proposition, deviate from the statements that you've made, may that impact on your parole do you think?”
Tongo said it would not.
“If you should not give evidence in light with the statements that you've made, you are seriously telling the court that that would not influence when you would be released on parole?”
Tongo replied that everything depended on his behaviour while in custody in prison.
Dewani is accused of the murder of his wife during their honeymoon in Cape Town in November 2010. He has pleaded not guilty to charges of murder, kidnapping, robbery with aggravating circumstances, conspiracy to commit these crimes and defeating the ends of justice.
Dewani claims the couple were hijacked as they were being driven through Gugulethu in Tongo's minibus on Saturday, November 13, 2010. He was released unharmed and Anni driven away. She was found shot dead in the abandoned minibus in Khayelitsha the next morning.
The State alleges he conspired with others to stage the hijacking in return for R15,000.
Hotel receptionist Monde Mbolombo was granted immunity from prosecution in exchange for testifying against his accomplices.
Xolile Mngeni was serving life in jail for firing the shot that killed Anni, but died in prison from a brain tumour two weeks ago. Mziwamadoda Qwabe is serving a 25-year jail term.
Van Zyl said there was a rumour in June 2011 that Tongo wanted to change his evidence.
“I don't say anything when it comes to rumours because I do not know anything about rumours,” Tongo replied.
He said investigating officer Captain Paul Hendrickse and his former attorney William da Grass visited him in Malmesbury prison to ask about his circumstances there.
Tongo said he was in the A-flank of maximum security section of the prison in September 2011.
“I was alone in a cell. There was no TV.”
Van Zyl said his information was that he had a television at that time and that it was possible to rent one for R65 a month.
Tongo said he only had a television towards the end of 2011, when he was with a cellmate.
Next to the cell door was a sign stating: “Zola Tongo. 18 years”.
“Do you know a man, a fellow prisoner, by the name of Bernard Mitchell, but he is generally known as Beano?”
The lawyer tried to jog his memory by saying “Beano” was in the same section as he was, just two cells away.
Tongo said he did not know him. Van Zyl did not explain why he asked this and changed his line of questioning.
Sapa