Cape Town - The State has to prove that a man on trial for tourist Anni Dewani's murder shot her, a Western Cape High Court judge said on Monday.
Deputy director of public prosecutions Adrian Mopp told the court during closing arguments in Xolile Mngeni's trial that there was “overwhelming evidence” against the accused.
“Yes, you can take your cake and eat it,” Judge Robert Henney said.
“The only thing then is who was responsible for the shooting? Most of the evidence, the cellphone records, that's not in dispute.”
Mngeni has pleaded not guilty to hijacking, robbing, and killing Dewani in Gugulethu on November 13, 2010.
Henney said the State would have to prove it was Mngeni who pulled the trigger rather than convicted killer and alleged accomplice Mziwamadoda Qwabe, who was jailed for 25 years.
Qwabe entered into a plea and sentencing agreement, in which he turned State witness and testified that Mngeni was both his accomplice and the shooter.
“Let's hone in on Qwabe. He's like a person on crutches. If he doesn't have a crutch, he falls,” Henney said.
The State said it would prove Qwabe was a reliable witness and that the testimony of several other witnesses corroborated his version of events.
“We [will] submit in our argument that the accused was, indeed, the shooter,” Mopp said.
The trial continues. - Sapa