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Defence lawyer in Dewani case fails to arrive

2012-09-03 12:57

Cape Town - The lawyer of a man accused of killing honeymooner Anni Dewani did not arrive by the stipulated time in the Western Cape High Court on Monday morning.

Qalisile Dayimani was to have launched an application for a transcript of the entire proceedings of Xolile Mngeni's trial, but by 09:00 only his assistant was present.

Dayimani was still not present when Judge Robert Henney entered the courtroom at 10:00. The judge said he was not happy with the delay and that he would not hear the application.

Anni Dewani was killed in an apparent hijacking in Cape Town on 13 November 2010, while on honeymoon with her husband Shrien.

Shrien has been accused of plotting her murder, a charge he has consistently denied. His extradition hinges on his treatment, in the United Kingdom, for depression and post-traumatic stress disorder.

Mngeni has pleaded not guilty to charges of kidnapping, robbery with aggravating circumstances, murder, and illegal possession of a firearm and ammunition.

On Friday, Henney ordered the lawyer to be present by 09:00 on Monday. He had also ordered that Dayimani send the relevant application papers to the State by the close of business on Friday.

Adrian Mopp, for the State, said he had not received anything. He said he was also confused about what the lawyer was applying for.

Dayimani had previously hinted he would apply not only for the transcript, but also for notes of the consultation between the police and his client, that he had apparently not received from the State.

Henney previously told Dayimani he would need to bring an application with a legal basis, not just the informal verbal application he attempted last week.

The next witness will be called to the stand after a short adjournment.