Cape Town - Video footage which depicts honeymoon murder accused Shrien Dewani alone with taxi driver Zola Tongo cannot serve as corroboration for Tongo's evidence that Dewani approached and paid him to arrange the murder of his wife, Anni Hindocha.
This is what Deputy Judge President Jeanette Traverso found on Monday morning as she started her judgment in an application Dewani had lodged, in terms of section 174 of the Criminal Procedure Act, for his discharge and acquittal.
It is Dewani's argument that the State has failed to make a case for him to answer.
If the application is granted, Dewani will be a free man.
However, if it is refused he may have to open his case and testify.
During the first hour of proceedings, Judge Traverso explained that, at this stage of the case, the court does not take into account the credibility of witnesses unless the evidence is of such a poor nature that no reasonable person can believe it.
Tongo, she said, was the only State witness who directly implicated Dewani in the alleged conspiracy to murder Anni.
However, since he is an accomplice witness, his evidence has to be approached with caution, she added, saying that there must be corroboration for his testimony.
She referred to the video footage the State presented to corroborate Tongo's claim that Dewani, after Anni was kidnapped by the hitmen, wanted assurance that the job had actually been carried out.
In addition, footage was also shown which depicts Dewani handling Tongo a parcel days after the murder, which Tongo claimed was payment for his role.
Dewani denied the claims and claimed that he gave Tongo money because he felt sorry for him and that he also wrote him a Thank You card.
Footage of Tongo fetching Dewani before the murder - during which they allegedly discussed how the killing should be executed - was also shown to the court.
However, Judge Traverso said none of the footage served as corroboration.
It was the contents of the conversations between them that was in dispute, she said.
She added that shortcomings in Tongo's evidence must be carefully scrutinised and has started going though the various contradictions and discrepancies in Tongo's versions.
The case continues.
IOL