Billionaire who murdered wife on honeymoon attempts to have case thrown out

The trial of a businessman from Bristol accused of murdering his wife on their honeymoon may be on the verge of collapse after defence lawyers signalled for the case to be thrown out.

Care home entrepreneur Shrien Dewani, 34, has always denied plotting with others to kill new bride Anni Dewani on a luxury honeymoon in Cape Town, South Africa, four years ago.

Prosecutors claim the millionaire, who is bisexual, wanted out of his marriage and arranged a "hijack-gone-wrong" in which Anni would be killed and her husband escape unharmed.

But Western Cape High Court judge Jeanette Traverso has dismissed sections of the state's case, describing evidence about Dewani's sex life as irrelevant, while prosecution witnesses have included men already convicted of Anni's murder.

Defence counsel Francois van Zyl today began an application to the judge under section 174 of the Criminal Procedure Act.

It provides that the court may return a not-guilty verdict if the judge feels there is insufficient evidence to convict at the close of the prosecution's case.

The application began yesterday and is due to continue this morning.

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8:27 am

Question of payment

Mopp: "The question of payment. Tongo was adamant he would get paid R5,000 after the job was done.

"It's improbable that there was no discussion about payment. Tongo's omission to police is not so improbable."

Traverso: "Mr Mopp, was it at all times common cause that the money would come from Mr. Dewani?

Mopp: "Correct and only Mr Dewani."

Traverso: "Is there any evidence of how that money would come from Mr Dewani?"

Mopp: "The agreement was that the money would be left in the cubbyhole."

Traverso: "Who would leave the money in the cubbyhole?"

Mopp: "There was no agreement who would put it there."

8:24 am

The husband wanted the lady killed

Mopp: "His evidence is that he wasn't sure that it was the wife."

Traverso: "No, he was adamant it was the business partner. So much so that he said the woman who came out of the Cape Grace was a different woman."

Mopp: "Yes we concede that, My Lady."

Mopp refers to Mbolombo's testimony.

" 'There was a couple. Married people. the husband wanted the lady killed...'

"Mbolombo's evidence was quite emphatic about what was relayed to him."

8:21 am

Judge critical of prosecution

The judge's comments are not a good sign for the prosecution.

Anni's family are sitting very close to Adrian Mopp looking concerned as he's taken to task by the Judge over his poor witnesses.

The judge says credibility does play a part.

8:18 am

Tongo did make mistakes

Mopp: "If one has regard to the essence of what transpired, the only difference is when in his (Tongo) evidence, the deal transpired....

Traverso: "Mr. Mopp, I don't mean to interrupt. How many mistakes did Tongo make?"

Mopp: "We concede, a number. But how many were material? There aren't many that were material."

8:18 am

Anni wanted a divorce

Judge Traverso: "Shouldn't you see that aspect from the side of the accused as well? He came to a strange city. He knows his name is Robert Tongo.

"Other than that, he knows nothing. He asked this strange person."

Mopp: "One does not know what went through the accused's mind."

Traverso: "Of course we don't know. What we do know is that Anni Dewani wanted to divorce him."

8:16 am

Hunger is over

Mopp: "The question of the major improbabilities as part of the critique against Tongo's evidence...

"If one has regard to Tongo's own evidence. He said he was persistent in marketing himself. In fact, quite desperate.

"He thought "hunger is over." Our submission is that it is not so improbable. The accused must've been impressed by Tongo."

8:13 am

Conspirators had financial problems

Mopp: "I'm sketching abroad background before dealing with specifics. Both Mbolombo and Tongo had vulnerabilities (financial).

"Qwabe and Mngeni were in a world where they had access to firearms. Unemployed.

"Tongo [is a] young man who starts his own business to improve his life. Not in conflict with the law. Admits his involvement."

8:11 am

Day 24 of trial begins

Now it's the turn of prosecutor Adrian Mopp to convince the judge to keep the trial going.

Mopp: "The court enquired about the conspiracy yesterday.

"Direct communication between all conspirators is not a requirement. How one should approach the evidence?

"There's a danger of approaching evidence with our own paradigm of how it was to be.

"That's our own world view: that we can't fathom a hit been planned in two days."

7:59 am

Dewani could be home by end of the week

Prosecutor Adrian Mopp is expected to present his side of the argument.

Reports have said Dewani could be free to return to England by the end of the week if the judge feels there is insufficient evidence to convict him.

The state's case is that the millionaire, who is bisexual, wanted out of his marriage and arranged a "hijack-gone-wrong" in which Mrs Dewani would be killed and he would escape unharmed.

But Judge Jeanette Traverso has dismissed sections of the state's case, describing evidence about Dewani's sex life as irrelevant, while prosecution witnesses have included men already convicted of Mrs Dewani's murder.

7:52 am

Advocates arrive in court

Days after the murder, Tongo turned state witness and agreed to give evidence against Dewani and one of the hitmen in return for a reduced sentenced.

As the only alleged witness to Dewani's expressed wish to see have his wife murdered under the cover of a fake carjacking, Tongo's testimony was key, Mr van Zyl said yesterday.

"Tongo is the pillar on which the state's case is built. If that fails, the whole state's case fails with it," he told the judge, who throughout the lengthy summary made her own observations that appeared to reflect the defence's doubts about the merit of the evidence against Dewani.

At the end of the highly-charged hearing a source close to the prosecution said he feared, "the judge seems to have made up her mind already."

7:44 am

Court to resume after 8am

This is the lawyer who is hoping to make Shrien Dewani a free man.

Francois van Zyl began his application to acquit his client yesterday and is set to continue that bid today.

After the lawyer has made his case, the prosecution will have the chance to object before the judge makes the final decision.

7:42 am

Dewani was 'innocent victim'

As Mrs Dewani's family shifted nervously on their wooden benches seats as the prospect of seeing their son-in-law walk free from court appeared increasingly likely, Mr van Zyl continued to portray Dewani as the innocent victim of a callous plot.

"What you have is a made-up story to incriminate the accused," he said, pointing towards the dock. "All the alarm bells start ringing."

The wealthy care home owner was flown to South Africa in April following a nearly-four year extradition battle.

He and his Swedish-born wife of two weeks were carjacked as they were driven by Tongo through a township late a night. Dewani and the driver were released unharmed, but Mrs Dewani was driven off into the night, her body was discovered the following morning with a fatal gunshot wound to her neck.

7:30 am

Prosecution case

The prosecution alleges that Dewani recruited Zola Tongo to find two hitmen to murder his wife, only half an hour after meeting him for the first time.

Despite, having never being in the trouble with police before, and having a good monthly income from operating a shuttle service, Tongo immediately agreed to help Dewani and involved another friend, who also also had a job and no criminal record.

"How probable is it that this foreigner would arrive in this country and within half an hour ask him [Tongo] to find a hitman to kill someone," Mr van Zyl asked the court, incredulously.

7:20 am

Application to acquit to continue this morning

Millionaire businessman Shrien Dewani is waiting to hear if he will be free to return to Britain after his legal team yesterday launched a bid to have him cleared of all charges relating to the honeymoon murder of his new wife.

Lawyers told the judge presiding over his six week trial that the case against Dewani, 34, was "riddled with inconsistencies" and so "highly improbable " that he should be found guilty of any part in the plot to kidnap and murder Anni, 28.

Francois Van Zyl spent the entire court session tearing apart the prosecution's case, built on the testimonies of 16 witnesses, poking holes in the evidence which provided little, or no link between Dewani and his wife's fatal shooting in November 2010.

Get more information on the Murder of Anni Dewani at wikipedia.org