Defence presents confusing argument

2012-11-06 22:15
(Shutterstock)

(Shutterstock)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

kalahari.com

Cape Town - The lawyer for murder accused Xolile Mngeni sought to persuade the Western Cape High Court on Tuesday that his client was innocent of the murder of Anni Dewani.

Qalisile Dayimani, in his closing arguments, said the State had failed to prove beyond reasonable doubt that Mngeni, 25, actively participated in the murder.

He asked for Mngeni to be acquitted.

However, Judge Robert Henney had earlier reminded the lawyer that Mngeni's statement and pointing out, in which he admitted to the fatal shooting, had already been ruled admissible as evidence.

He said the possibility existed that Mngeni could at the very least be convicted as part of a common purpose to kill Dewani, through an act of association or an accessory after the fact.

The lawyer seemed to make an about-turn and spoke as though Mngeni could have been in the murder vehicle with alleged accomplice Mziwamadoda Qwabe, who was serving 25 years in jail for his role in the murder.

"The accused assured two people they were not going to be killed. There is an absence of intent to kill on his part and he enquired from his partner what was going to happen with those two people," Dayimani said.

Knowledge

The defence had previously vehemently denied that Mngeni was in the murder vehicle at any time and that he and Qwabe were anything more than acquaintances.

Henney probed further as to what Mngeni's role was, following his non-guilty plea to her hijacking, robbery and murder in Gugulethu on 13 November 2010.

"What business did he have with them in that car with Mr [Zola] Tongo? Did he go for a joy-ride? Surely not," the judge asked.

"What we can gather from the [court] record, it had nothing to do with the killing of any person and that he could have been asked to assist Mr Qwabe with the hijacking of the vehicle," Dayimani said.

"The accused never intended for anyone to be killed and had no knowledge he was part of a plan to execute a killing."

Seeming to contradict himself again, the lawyer wrapped up his argument by saying the defence's case rested on evidence given by two alibi witnesses, who said Mngeni was not near the scene of the murder or where the murder was plotted the day before.

The trial was postponed until 19 November for judgment.





- SAPA
Read more on:    mziwamadoda qwabe  |  anni dewani  |  xolile mngeni  |  cape town  |  honeymoon hijacking
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
3 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

The truth about painkillers and exercise

Many of us use painkillers and anti-inflammatory medicines to mask pain so they can continue with their training.

 
 

Where were you when you last felt alive?

This all-terrain vehicle is badass!
Where were you when you last felt alive?
Watch: Fishing under ice
This is why you need to get fit in your 20's

Jobs in Cape Town [change area]

Jobs in Western Cape region

Customer Service Advisor

Cape Town
Teleresources Cape Town
R5 000 - R5 500 Per Month

Project Officer

Western Cape
City Press

Strucutral Technician

Cape Town Northern Suburbs
Communicate Cape Town Engineering
R350 000 - R500 000 Per Year

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Deal of the week!

Save R1200 on the Samsung 48” smart full HD LED television now only R8799. Buy now!

Toys 4 for the price of 3

Buy 4 toys and get the cheapest FREE! Offer valid while stocks last. Shop now!

Mind blowing prices – As seen on TV

Get mind blowing prices on 1000’s of products! Shop now.

Save 20% on Nivea beauty products!

Buy any two Nivea beauty products and save 20%. Offer valid while stocks last. Shop now!

Save up to R1000 on electronics!

Get mind blowing savings on top electronic products. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

You may be spending too much time organising and trying to control things to make sure everything is perfect instead of just...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.