AS IT HAPPENED - Anni to Dewani days before death: I'm ready to leave you

2014-11-11 14:20

Get the latest updates as Shrien Dewani returns to the Western Cape High Court for the 19th day of his trial for the murder of his wife, Anni Hindocha.


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Last Updated at 19:13
11 Nov 15:41
So here ends the updates. Back tomorrow when court resumes at about 10:00.

11 Nov 15:31
No re-examination of Hendrickse from State. So that's him done.

11 Nov 15:30
Cross-examination ends. Court adjourns until tomorrow

11 Nov 15:25

VZ:when we asked Tongo about your visit.He said "they wanted to know about life I'm living in custody". PH: purpose was tablets.

VZ:back to the question of bias,which I raised this morning..."did you file Panorama programme in your docket"?

11 Nov 15:22
PH: in fact the prison head was there too. VZ:was there not from his side,saying he wanted to appeal his conviction & sentence?

11 Nov 15:21
PH: there was an occasion where he threw his toys out of the cot,when he argued with Mr da Grass.

11 Nov 15:21
PH: not correct. With da Grass and Riley, Tongo became upset with his attorney they had a huge argument... then he said "I'm not going to testify in this trial" and that's how that rumour started.

11 Nov 15:20
VZ: there was a rumour doing the rounds, that Tongo decided to change his story, you and attorney went to see what it was about. I don't understand while 2 cops and attorney had to go visit Mr Tongo about his tablets.

11 Nov 15:19

VZ: I'm interested in this visit, what was the purpose? PH: there was a complaint by Tongo about his medication he meant to get.

VZ:so you had to take an officer and a lawyer about a complaint regarding tablets. This is 6 months after he was sentenced.

PH: He put up a big "performance" in prison about his tablets. Col Du Preez got tablets and it was supplied to him.

11 Nov 15:16
VZ: We have asked for all visits made to Tongo at Malmesbury. It seems you were there on 10 June 2011. You were signed in at 12:30 and Mr. da Grass at 12:59. PH: there was another time, when Miss Riley was present.

11 Nov 15:15
PH:on the last occasion, Tongo was upset with da Grass, so I took Riley with and introduced Tongo and Riley.

11 Nov 15:14
VZ asks investigating officer if he had a role to play in Zola Tongo being sent to Malmesbury and not Pollsmoor. PH answers no.

11 Nov 15:14
VZ: Tongo was sentenced in terms of plea bargain and sent to Malmebury prison, not Pollsmoor. Did you visit with his attorney?

11 Nov 15:13

VZ: Mr Tongo you spoke to him on the Tuesday the 16? PH: I'm sure it was the 17th.

VZ: are you sure da Grass was with Tongo when he handed himself over? PH: yes.

11 Nov 15:02
VZ: You knew that Mbolombo's statement that the wife had to be killed flies in the face of Tongo's version PH: Correct

11 Nov 15:00
VZ: At the time of Mbolombo's statement (latest) were you aware of audio recordings? PH: I was aware VZ: I presume at that time you knew that Zola Tongo would say that he didn't know that the wife had to be killed. That it was a business partner. PH: Correct

11 Nov 14:58
VZ: at the time of the Mngeni trial were you aware of the footage and audio recording taken at Protea Hotel?

11 Nov 14:55
VZ said Tongo told the court things he didn't say were added to his statement. PH said he'd be "very surprised" if that's true.

11 Nov 14:55
VZ: You weren't present when statement was signed. PH: no I was not.

11 Nov 14:50

VZ says PH told SD's lawyer that the hitmen didn't mean to shoot Anni. They only shot because she wouldn't stop screaming.

PH says he can't remember saying this but it's possible.

11 Nov 14:36

VZ: Didn't you hear there that Mr Dewani told a journalist about the trip. PH: My understanding is that he didn't tell a journalist. The journalist heard what was said on the footage. VZ: Why would Mr Dewani have told you about it?

PH: I would think it's very important for Mr Dewani to tell me that.

11 Nov 14:34
VZ said the BBC show Panorama mentioned the helicopter trip before the court trial...

11 Nov 14:30
VZ argues that Dewani's original statement "wasn't properly taken", PH says it's possible.

11 Nov 14:28

VZ: The accused will further say, back in the UK, Sneha Hindocha looked in the deceased jewellery box, that the ring with the black stone was missing. I assume you don't know about that? PH: No, I don't.

VZ: The accused will say that is when you wanted take his fingerprints. PH: That's incorrect. VZ: He's lying PH: That didn't happen. VZ: I'm telling you it did. PH: it didn't.

Reporters in court say SD isn't his normal self today and is staring blankly at the wall. Over the course of the trial these last few weeks, SD has been jumpy and jittery.

11 Nov 14:25
VZ: You said he became uncomfortable and nervous PH: Yes. VZ: And that was a sign of his guilt? PH: I'm not saying that. I just noticed a change in his demeanour. VZ: Did it occur to you that this man thought the rings had been taken? PH: I can only testify as to what transpired. I can't testify to what he thought.

11 Nov 14:21

The photo album indicates the ring that was found under the deceased. PH says that's the ring he showed Dewani, to which he replied that that was the wedding ring. VZ: You said he asked you to look at the stitching. PH: He said there was a groove between the seats, where the ring will be found. VZ: When did he tell you that? PH: The Monday, when he called me.

VZ: The accused will say he called you to tell you that is one of the wedding rings. But then had some time to think about it and that he remembered that Anni said she had hidden the rings. PH: That is incorrect, My Lady.

11 Nov 14:17
VZ: Did you show the accused one of the rings? PH: That's correct. VZ: One of the rings found? PH:This was the ring the accused told me to check for, between the seats of the vehicle.

11 Nov 14:16
Court resumes. PH still being cross-examined by defence.

11 Nov 12:50
Court adjourns for lunch.

11 Nov 12:48

VZ: Mr. Qwabe testified that Mngeni was the shooter.

VZ: Then we have the marks on the leg of the deceased. Did that play a role? PH: The marks on her legs, I deduced, was purely because of the manhandling while she was being robbed.

11 Nov 12:43
PH: The merits of this case say that the lady had to be killed. Mr Dewani was let out. Mr Tongo out. They took the lady and killed her. It was not atypical execution-style shooting to the head.

11 Nov 12:40
l VZ: why won't you concede this is not what we normally see in execution style case? PH: this case has different set of merits.

11 Nov 12:36
PH looks up the ceiling in exasperation - says VZ is not giving him the chance to answer the question over the style of the shooting.

11 Nov 12:32
PH says execution style murders are very planned and organised, "in my view this is not a professional person" that killed Anni.

11 Nov 12:28
SD shifts in his seat; looks from the judge to the PH and back again as PH is questioned over SD's responses to Anni.

11 Nov 12:28

VZ: the accused will say that they had a discussion that morning in Bristol. He said how he felt and she didn't like it.

PH: I was not aware of this reply. VZ: Did you have a look at the various BBMs they sent to each other.

PH: As I understand it, this was not extracted from the BlackBerry.

PH concedes it puts a different light on Anni's initial message (read out in court during his evidence in chief).

11 Nov 12:27

Anni's mother puts her hand to her mouth as VZ reads out Anni's emails again. Her father bows his head and frowns.

VZ: Let's look at those emails you referred to to earlier. You told the court, you don't have the emails from the side of the accused. Van Zyl hands up SD's replies.

VZ reads SD's reply and says the time does not "fit in" there. He & his team don't understand why it's like that.

In the reply, SD say he loves Anni.

11 Nov 12:21
Though he was the investigating officer, PH refuses to take responsibility for police ballistic mistakes - says he wasn't there.

11 Nov 12:18

VZ: How did this come about? PH: I can't answer for Sgt. Serfontein but it seems the rectification was made on the same day.

11 Nov 12:15
PH concedes that the ballistics report correction was simply inserted into the affidavit. ie,a new statement wasn't made.

11 Nov 12:12
PH: the mistake was picked up by Barkhuizen. VZ: this is the sort of thing one would pick up in an investigation diary

11 Nov 12:12
VZ:a report filed by ballistics expert, Sgt Serfontein "examined cartridge cases.. refers to revolver" VZ: that was a mistake

11 Nov 12:03
PH shoots an irritated glance at VZ. PH says if he is implying anything underhand went on he should just say it.

11 Nov 12:02
VZ:Did you in your personal diary make entries on how investigation proceeded? PH:didn't need to take notes,as I explained.

11 Nov 12:00
VZ, points out Anni's bother, Anish and cousin Sneha Mashru are friends with PH on Facebook.

11 Nov 11:57
The court hears that the investigation is "still ongoing".

11 Nov 11:56
PH denies making the Facebook status, says his page was hacked.

11 Nov 11:54

VZ: You have Facebook? PH: Yes I do. VZ: And you make entries from time to time? PH: Yes I do.

VZ reads from an apparent FB entry PH made: "Mental Health Act? Human Rights? Fair trial? Are these just escape routes?" PH: I don't recall making such an entry.

11 Nov 11:51
VZ questions PH about Bheki Cele's statement that "a monkey came here from overseas to kill his wife". PH says he can't answer.

11 Nov 11:47
Defence's Francois van Zyl (VZ): By October 2011, is it correct to say, you had already decided and got warrant of arrest for accused?

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