PMB man convicted of plotting to poison wife applies for leave to appeal

2012-11-14 00:00

PIETERMARITZBURG man Dave Williams (52), who has started serving an effective seven year jail sentence for plotting to kill his wife Vino, appeared briefly in the regional court yesterday in leg irons.

He is applying for leave to appeal against his conviction and his sentence of ten years’ imprisonment of which three years were conditionally suspended by regional magistrate, Mpume Linda recently. The court was unable to hear the application yesterday and it was postponed until tomorrow for argument.

His attorney, Nasen Naicker, has confirmed that he will apply to the court for Williams to be released on bail pending appeal, if the application succeeds.

In a document handed to the court, which sets out the basis for Williams’s application for leave to appeal, Naicker submits that Williams was not discredited as a witness when he gave evidence at his trial, and that the court should have found that his version — that he’d purchased what he thought were poisonous capsules in order to commit suicide and not to kill his wife — was reasonably and possibly true.

Naicker submits that Williams put forward this version at the outset of the case, that his answers in cross examination were consistent with that version, that he testified in a “straightforward and down-to-earth manner”, and that his version was not shaken under a “lengthy, probing cross examination” by the prosecutor and the court.

He also submits that the court should have given consideration to the fact that the capsules given to Williams contained glucose and not poison. He suggests that, being non-toxic, nothing had prevented the police from allowing Williams to administer the “poison”.

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