Cape Town - An application for the discharge and acquittal of honeymoon murder accused Shrien Dewani is to be lodged, his defence team confirmed in the Western Cape High Court on Monday after the State formally closed its case.
The application, which is to be lodged in terms of Section 174 of the Criminal Procedure Act, will be argued before Deputy Judge President Jeanette Traverso next Monday.
Details of the grounds on which the defence will seek a discharge are not yet known.
It will present the court with written submissions on Wednesday, to which the State intends to reply on Friday,
Judge Traverso indicated that, if she needs more time to consider the written argument, she will ask her registrar to contact the parties.
If the application is refused, Dewani would have to open his case, call witnesses and possibly testify.
However, should the application be granted, it would bring the matter to a close.
Sixteen State witnesses have testified over 21 court days in the trial in which Dewani stands accused of orchestrating the murder of his wife, Anni Hindocha, while they were on honeymoon in Cape Town in November 2010.
It is alleged that he approached taxi driver Zola Tongo for a hitman and that Tongo sought advice from hotel receptionist Monde Mbolombo.
Mbolombo recruited Mziwamadoda Qwabe, who brought Xolile Mngeni on board.
The case was provisionally postponed to Monday.
IOL