Cape Town - Monday is a significant date for honeymoon murder accused Shrien Dewani. It is on this date in 2010 that he handed himself over to police in Bristol, in the UK, and it could be the date he is set free.
That is if Deputy Judge President Jeanette Traverso grants Dewani’s application, lodged under section 174 of the Criminal Procedure Act, for his discharge and acquittal of the murder of his wife, Anni Hindocha.
This week, Anni’s brother, Anish, made a desperate appeal for the application to be dismissed, saying he was concerned about the effects a discharge would have on his parents’ health.
“We don’t want to return to our homes in the UK and Sweden carrying any doubts at all about whether Anni’s murder received a fair and proper hearing in South Africa,” he said.
“We have been promised it for four painful years which have devastated our lives.
“I worry about my parents’ health and they need this closure. My message is simple: Don’t let Shrien Dewani walk away without giving us, South Africa and people all over the world the full story.”
If the application is dismissed, Dewani has the option of deciding to close his case without testifying, which means the Hindochas would leave South Africa with many unanswered questions.
In the past two months, it has taken the prosecution 21 court days to lead the evidence of 16 State witnesses in presenting its case that Dewani arranged the murder of his bride while they were on honeymoon in Cape Town four years ago.
The State alleges that shortly after arriving in the city, Dewani asked airport shuttle driver Zola Tongo on November 12, 2010 to find a hitman.
That evening Tongo drove to a Century City hotel, where he approached receptionist Monde Mbolombo.
Mbolombo contacted Mziwamadoda Qwabe, who agreed to do carry out the hit and later roped in Xolile Mngeni.
It all took a few hours and, the following evening, the killing was executed, in a hijacking the State alleges was staged.
Dewani has denied any involvement in the murder. His counsel has put it to the men that Anni was to have been kidnapped for a ransom, but was shot by accident when one of the men wanted to rape her.
The defence placed on record that it had a witness, one of Tongo’s fellow prison inmates, who alleged Tongo had confessed this to him in jail.
Dewani said in his plea explanation that the money which the men testified he had paid them was cash he was carrying to pay a helicopter pilot, arranged at his request by Tongo as a surprise for Anni.
He said he had given Tongo R1 000 at a later stage, in an incident captured on hotel CCTV footage, because he believed he, too, had been a victim of the hijacking and felt sorry for him. He also gave Tongo a “Thank you” card.
As the trial progressed and the defence cross-examined State witnesses, more questions than answers emerged.
These are some of the questions:
* Why, if Qwabe had been driving and did not fire the shot that killed Anni, was primer residue found in the web area of the left glove he had been wearing during the hijacking?
* Why were the primer residue test results not handed to the high court during Mngeni’s trial?
* What caused the bruises on Anni’s left lower leg?
* Why was primer residue not found on the inside of the left, front area of the vehicle if, according to the testimony, Mngeni fired the shot from the passenger seat?
* Why did Tongo testify that he thought the target was Dewani’s business partner, but say in his plea and sentence agreement it was a client?
* Why did Mbolombo suddenly admit to having played a bigger role than he had admitted to before?
* Why did the men drive deeper into the residential part of Khayelitsha, with Anni in the back of the car, and not take her into nearby bushes to kill her?
* Who was Mbolombo referring to when he told Tongo on the phone: “There’s five of us, remember?”
* Why did Dewani not mention the surprise helicopter trip to Anni’s family when he told them what happened on the fateful night?
* Why did Dewani, in a letter sent by his solicitors to the UK tabloid, The Sun, deny he had any involvement with gay escort Leopold Leisser?
* Why did Dewani describe himself as gay on his Gaydar profile when he says he considers himself to be bisexual?
* Why did Anni, shortly after marrying Dewani, tell her cousin Sneha Mashru that she was considering divorce?
* Why were the passwords to Anni’s Facebook and Hotmail accounts changed after her murder?
* Why would Anni have consulted a doctor about increasing her chances of falling pregnant if, according to Mashru, she had been advised to take contraceptives because she had been taking strong acne medication?
* If Blackberry Messenger exchanges show the two engaged in the usual banter of loving couples, with nicknames for their genitals, why did Anni tell Mashru they were unhappy and Dewani had erection problems?
* Why did Tongo, who could earn as much as R40 000 during peak season, take such a big risk for a mere R5 000 payment?
* Why did Mbolombo get himself involved without any guarantee that he would receive money?
* Why was investigating officer Paul Hendrikse’s statement dated February 2012 – more than a year after the incident?
If his discharge application is dismissed tomorrow, Dewani could decide not to testify and not to call any witnesses.
This would leave unanswered questions.
“It would also mean a lifetime of further torture for me and my family, particularly my parents,” Anni’s brother said.
He would not comment on reports that said the family intended to sue Dewani. “This is not the right time to discuss this. It is something we may consider. Our motivation is not and never has been financial. We just demand the truth. And we do that with heavy hearts after such a long time.”
Independent Media