AS IT HAPPENED: Lawyer - Dewani felt sorry for Tongo

2014-11-04 14:46

The trial of British businessman Shrien Dewani, accused of murdering his wife Anni, continues in the Western Cape High Court.

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Last Updated at 17:53
04 Nov 16:17
That's it for updates. We're back at about 11:00 tomorrow when court resumes. Cheers.

04 Nov 15:58
The late start tomorrow is due to a memorial service the judge is attending tomorrow morning.

04 Nov 15:57
Judge: Mr Tongo looks extremely tired, court adjourns. Later start tomorrow at 11:30.

04 Nov 15:51
VZ: Dewani will say he bought pack of thank-you cards, footage of this available. Felt sorry for ZT, decided to give R1 000.

04 Nov 15:50

VZ: What really happened, you followed Dewani, got plastic bag, envelope with R1k, thank-you card. ZT: No.

VZ: You said you had no further contact, but that's also a lie, there was further telephone contact. ZT: Correct.


04 Nov 15:41
Judge: You weren't taking them to see nightlife, you were taking them to be hijacked, someone killed. You were going to charge?

04 Nov 15:41

ZT says Dewani still owes him R1500 (trip to Somerset West), plus the R4000 (for the murder)

ZT says he wrote it off as a loss.


04 Nov 15:37
ZT on being underpaid by R4k: I took that as a loss that I suffered. Seems pretty improbable, doesn't it?

04 Nov 15:36
ZT: It's correct I was angry after short-paid by R4k. But didn't confront Dewani. VZ: Why didn't you pick up phone to ask?

04 Nov 15:30
Tongo: If I recall, accused meant to meet me at Waterfront, but he said come into hotel, media outside, went into passage.

04 Nov 15:23

VZ reads ZT statement, Dewani asked on phone if he fine, wanted to pay outstanding money, dropped phone. That correct? Yes.

VZ: And then accused only paid you R1 000, not R5 000? What will trip to Somerset West cost? ZT: Between R1 500-1 700.

VZ: Dewani will tell court you told him charge for morning trip, evening trip would be R1 000 all inclusive.

ZT: I do not charge that amount of money at night. Don't know where 96 Winery Road restaurant is.


04 Nov 15:17
VZ: At hotel, why didn't you ask Dewani about money? Contract had been fulfilled. ZT: Didn't ask because he said he'd call

04 Nov 15:15
Judge interjects: in terms of plan, you and Dewani were not going to be harmed? Why did Dewani ask if you were alright?

04 Nov 15:11

VZ Why was this discussion not mentioned in statement? Why didn't you tell police about it? ZT: Some things resurfacing now.

ZT: If I could rewrite a statement now, it would be slightly different to original statement, can remember things.

VZ: I put it to you, if you'd had such a discussion with accused that night, you would have mentioned it to police.


04 Nov 15:09
VZ: That conversation important? ZT: I'm repeating myself (sounding frustrated...) Everything is important.

04 Nov 15:07
VZ: Did Dewani have phone? Why didn't he hand you phone to call Monde to find out if job done? ZT: Can't recall.

04 Nov 15:05
VZ: What was discussed between you and Dewani. ZT: Accused wanted to know if the body was found, if I was alright, if men really did it.

04 Nov 15:03
VZ now asking ZT about what happened at Cape Grace, when Dewani went out of CCTV camera range

04 Nov 15:01

ZT: I didn't know I could land up in trouble for forgetting and remembering things now.

Traverso: You're not in trouble, Mr Tongo. ZT: Thank you, My Lady.


04 Nov 14:55

And VZ once again refers to ZT's statement: Driver (Qwabe) ordered me out - 'differs entirely from what you just told court'

ZT: Qwabe never pointed gun at me, they both instructing me to get out, that's what I did.

VZ: You said driver put firearm against my head. You saying he never pointed firearm at you? ZT: That's what I just said.

VZ: Please explain to court why you told Lt Col Barkhuizen driver put gun to your head? ZT: That's a mistake, my mistake.

VZ: Nowhere in this statement did you mention child locks engaged, why not tell police that? ZT: I revealed this to court


04 Nov 14:50
VZ shows pics of VW Sharan handles. You saying Mngeni opened front door, leaned over, opened back door without getting out, asks VZ.

04 Nov 14:48
Take a look at News24's lunchtime report with News24's Roy McKenzie who is at court today.

04 Nov 14:44
VZ: Was it necessary for Mngeni to open door from outside as child lock on? ZT: Can't recall, but opened door from outside.

04 Nov 14:43

VZ: How did you get out of the vehicle? ZT: Behind the police barracks, is a stop. Xolile opened the door..

ZT: from the outside.


04 Nov 14:42
Traverso: Something bothering me: You knew child locks on - was that part of agreement between you all? ZT: Can't recall

04 Nov 14:40
VZ: Why did you tell Barkhuizen you in the front seat when you were in the back seat with Dewani if that not the case?

04 Nov 14:39

VZ again reads ZT's statement, he pushed into passenger seat, other man got into back seat with Dewanis. What do you say?

ZT: Can see what's written, but what I'm telling you now is what happened, can remember some things now


04 Nov 14:32
Judge Traverso asks ZT if Qwabe's evidence wrong. Yes, he says.

04 Nov 14:29

VZ Why didn't you tell the court you discussed this? ZT: Lot of things discussed that evening, can't recall all.

VZ: By time you arrived at hijack spot, Qwabe knew money behind front seat? ZT: That's correct, he knew.


04 Nov 14:25
ZT admits that parts of his statement weren't true, as time goes by he remembers more. His standard refrain.

04 Nov 14:24
VZ points to discrepancy in ZT's statement and asks him if what he said in statement was a figment of his imagination?

04 Nov 14:19

VZ: When you left Strand with SD and Anni, you knew the money was in the pouch behind the passenger seat...

ZT: Correct. VZ: And you informed the young men? ZT: Correct

VZ: Telephonically? ZT: I can't remember if I sent them an SMS or called, but I know I told them.


04 Nov 14:17
Proceedings resume.

04 Nov 12:49
And then court adjourns for lunch.

04 Nov 12:49
VZ turns to issue of where money would be, reads earlier evidence re discussion with Dewani, is this evidence correct?

04 Nov 12:41

VZ: Dewani will tell court he went to restaurant toilet after ordering sushi, returned missed call from ZT, walked out. Dewani wanted to know why ZT phoned - apparently to find out how long they'd be.

ZT: accused wanted to make sure this was really going to happen. VZ: you called him, he returned missed call.


04 Nov 12:35
VZ: Mbolombo was fully in the know about what had to take place, knew R15 000 to be paid? Yet he said he told Qwabe about R9 000 + R1 000.

04 Nov 12:24
Qwabe made no mention of money that had to pay Mbolombo. ZT: Can't comment on that.

04 Nov 12:22

ZT suddenly speaking rather loudly, as he repeats himself about how money would be divided up.

VZ: I'm going to ask one last time, what was agreement with Mbolombo, what was he going to get? ZT: No agreement between us.

VZ: Qwabe said they were meant to get R15 000 but only got R10 000. Spoke to Mbolombo, asked him to contact you re R5 000 that was short.


04 Nov 12:20
Judge: Only person who was going to pay was Mr Dewani, and amount R15 000? ZT: That's correct.

04 Nov 12:20
Judge interjects: Where was Monde's share of the money going to come from? ZT: Told him this between him and others.

04 Nov 12:19
ZT: Don't remember details, but Monde wanted R5 000, told him this between him and young men (Mngeni and Qwabe).

04 Nov 12:09
VZ: Did Monde also know Mngeni? ZT: From what I know, Monde knew Qwabe.

04 Nov 12:06

VZ: I'm putting it to you that Monde had a much bigger role in the events of that night.

ZT: As I said, Monde was my assistant, I don't know what you are saying that he played a big or small role.


04 Nov 12:00
VZ: What is this instruction that Mbolombo giving to Qwabe? ZT: I don't know, they the ones speaking on the phone.

04 Nov 11:58
"It's that thing we talking about it must happen today... I'm going to keep on calling him my brother," Monde says in the clip.

04 Nov 11:54
VZ refers back to timeline, call from Monde to Qwabe for 126 sec, audio clip played.

04 Nov 11:52
Judge: Monde statement said he lives in New Crossroads, far from Khayelitsha. ZT: His dad was there, he lived in Khayelitsha.

04 Nov 11:47
VZ: You said you didn't know where they were going to leave the car? ZT: I knew, some things reappearing now.

04 Nov 11:44
VZ: Now you say you wanted your car left near car wash, can you please explain what appears to be a contradiction?

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