News24

State must prove man shot Dewani

2012-11-05 14:53

Cape Town - The State has to prove that a man on trial for tourist Anni Dewani's murder shot her, a Western Cape High Court judge said on Monday.

Deputy director of public prosecutions Adrian Mopp told the court during closing arguments in Xolile Mngeni's trial that there was "overwhelming evidence" against the accused.

"Yes, you can take your cake and eat it," Judge Robert Henney said.

"The only thing then is who was responsible for the shooting? Most of the evidence, the cellphone records, that's not in dispute."

Mngeni has pleaded not guilty to hijacking, robbing, and killing Dewani in Gugulethu on November 13 2010.

Henney said the State would have to prove it was Mngeni who pulled the trigger rather than convicted killer and alleged accomplice Mziwamadoda Qwabe, who was jailed for 25 years.

Qwabe entered into a plea and sentencing agreement, in which he turned State witness and testified that Mngeni was both his accomplice and the shooter.

"Let's hone in on Qwabe. He's like a person on crutches. If he doesn't have a crutch, he falls," Henney said.

The State said it would prove Qwabe was a reliable witness and that the testimony of several other witnesses corroborated his version of events.

"We [will] submit in our argument that the accused was, indeed, the shooter," Mopp said.
The trial continues.

Comments
  • eddiebant - 2012-11-05 14:59

    Already a twist in the case,expecting a 'not guilty' verdict.Not that easy to prove.

      john.kirkwood.9619 - 2012-11-05 15:18

      i dont think so, we know he is guilty, stop the time wasting, there is enough against this guy.

      lownabester - 2012-11-05 15:42

      They should never have let that idiot Dewani gone back. That was the most stupid thing to do.

  • gazaspells - 2012-11-05 15:15

    the lawyers seem to like they just expected all the media hype to translate into a guilty verdict without doing their homework on the case, looks like they are going to lose this one. big up to the magistrates and judges in sa, they give out well reasoned judgments based on the letter and spirit of the law.

  • gert.swart.393 - 2012-11-05 15:25

    "The State has to prove that a man on trial for tourist Anni Dewani's murder shot her." Well...OBVIOUSLY! You can't just argue that, you must prove it! If they can't prove it, he must walk.

  • kevin.seheri - 2012-11-05 16:49

    I think the only person left out in this case is Dewani himself, he is the one who started everything.

  • johan.m.pretorius.3 - 2012-11-05 17:30

    I suppose he could have been at a funeral in Transkei at the night of the murder...

  • Johan5417 - 2012-11-05 17:45

    With the greatest respect, the Judge is talking nonsense. If the murder was committed during the execution of a common purpose, it does not matter who killed her. This is basic legal knowledge.

      montzinger - 2012-11-06 21:01

      Johan 5417, with the greatest respect: Firstly it can only be common purpose if the state charge the accussed as such, which we don't know. It will also be incorrect to charge him under the common purpose doctrine if he is charged as a single accussed. In this case there is only one accussed. Therefore no talks of common purpose. If he gets away with this due to such a technicality, it will be sad and will also reflect bad on the NPA.

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