Mngeni not linked to murder - defence

Cape Town-03/09/12-Xolile Mngene at the Cape High Court for his trial in his role in the murder of Anni Dewani.Picture:Brendan Magaar. reporter:Shellee Geduld

Cape Town-03/09/12-Xolile Mngene at the Cape High Court for his trial in his role in the murder of Anni Dewani.Picture:Brendan Magaar. reporter:Shellee Geduld

Published Nov 6, 2012

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Cape Town - The State has failed to link Xolile Mngeni to the murder of honeymoon tourist Anni Dewani, the Western Cape High Court heard on Tuesday.

Lawyer Qalisile Dayimani said in his closing argument that the evidence given by the State's witnesses was not convincing, and was littered with mistakes and discrepancies.

The physical evidence presented by the State had also been lacking, he said.

Mngeni has pleaded not guilty to hijacking, robbing and killing Dewani in Gugulethu on November 13, 2010.

The defence conceded that Mngeni's palm print was found on the murder vehicle, but said this proved nothing.

Dayimani said his client may have accidentally touched the vehicle in passing.

The lawyer spent four days questioning the credibility and knowledge of the State's fingerprint expert, Warrant Officer Johan Hanekom.

Dayimani submitted that the State had also not been able to prove that Mngeni was the one who placed Dewani's jewellery in the roof of his friend's shack.

Judge Robert Henney asked who could have placed the items there.

“My respectful submission is that it could have been Mr (Mziwamadoda) Qwabe,” the lawyer replied.

Qwabe was sentenced, under a plea agreement, to 25 years in jail for his part in the murder.

Dayimani also suggested that the police could have planted the items there.

“I find it strange that the police could not have found the items the day of the arrest. It, in a sense, baffles me,” he said.

The trial continues. - Sapa

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