Dewani case: Court to rule on 'confession'

2012-09-25 21:16
(Picture: AP)

(Picture: AP)

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

kalahari.com

Cape Town - The Western Cape High Court will rule on Wednesday on whether to admit as evidence a "confession" and pointing out of crime scenes in Anni Dewani's murder.

Judge Robert Henney said on Tuesday he would make a short ruling and give an explanation only at a later stage.

Xolile Mngeni's trial would resume on 8 October, after a court recess.

Mngeni has pleaded not guilty to hijacking, robbing and killing Dewani in Gugulethu on 13 November 2010. She was on honeymoon with her husband Shrien at the time.

The court heard closing arguments in the trial-within-a-trial on Tuesday.

The State said it had proved beyond reasonable doubt that Mngeni, 25, was not forced or assaulted into making his "confession" on 16 November 2010, or doing the pointing out the following day.

"There is simply no evidence to support the accused's allegations of assault, torture and undue influence, or that he was told what to tell and show the statement taker," said deputy director for public prosecutions Adrian Mopp.

He said the court should also dismiss the allegation that Mngeni was not given the chance to exercise his constitutional rights to a legal representative on the day he gave the statement.

"The accused was unequivocal that he wanted to proceed and that he would 'take a lawyer at court'."

The State said Henney would have to rely on the credible testimony of nine police officers who took the stand, because Mngeni had elected not to testify in his defence.

The court could not make any inferences into his thoughts or intentions, Mopp said.

It was the defence's submission that the statement and pointing out should be excluded because they were made under duress and done unconstitutionally.

Qalisile Dayimani, for Mngeni, said his client was assaulted between 05:20 and 07:30 on 16 November 2010, before giving a statement.

He said the court should be mindful that the State could not account for what happened from his client's arrest at 04:17 to the time he was detained in Bellville at noon.

He said another mystery was the booking out of his client from 01:20 to 04:30 on18 November 2010.

The State objected to the assertions.

"He knows it's on record. He's trying to put a ruse before the court... We know what happened that morning. The cellphone [Mngeni allegedly tried to sell] was recovered that morning," Mopp said.

Henney asked the defence what evidence it had to prove the assault.

"We have a barrage of policemen saying he did not get assaulted," he said.

Dayimani hinted at a possible conspiracy to cover up the assault by the nine police officers who testified, thus making evidence hard to pin down.

The judge said it was hard to believe the officers would go to all the trouble of making a video of the statement being taken and then present the evidence in court.

"[If that is true,] they must be very clever to think they could get away with it," Henney said.

The defence criticised the manner in which Captain Adolf Jonker took the statement.

Firstly, he did not check Mngeni's whole body for any injuries.

"Jonker could only look the upper body of the accused. The assertion was that the accused was assaulted on his lower parts," Dayimani said.

Secondly, the policeman did not allow Mngeni to exercise his constitutional right to a lawyer.

Henney said he would have to decide whether the law made it the duty of a police officer to arrange legal representation for an accused or whether it was simply to explain their rights.

"If they know the suspect was walking into a minefield, is there a duty to stop him from detonating that minefield?"

- SAPA
Read more on:    xolile mngeni  |  shrien dewani  |  cape town  |  honeymoon hijacking
NEXT ON NEWS24X
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
1 comment
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]

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.