DEWANI: NO CLOSURE

2014-12-09 04:24

The decision to dismiss Shrien Dewani’s case was a travesty of justice which ultimately leaves a trail of unanswered questions.

Although Deputy Judge President Jeanette Traverso fundamentally found that the State did not have a case as the prosecution did not present sufficient evidence, she stopped short of declaring Mr Dewani’s innocence.

While some may argue Judge Traverso handled the case fairly by applying the law, I believe the learned judge should not have acquitted Shrien Dewani before putting him on the witness stand.

By not calling Shrien Dewani to the box to testify, crucial questions remain unanswered, thus leaving what transpired on that fatal night a complete mystery.

I cannot understand why Dewani was not put on the witness box to be crossed examined as the judge also believed there are many questions unanswered.

To quote Judge Traverso: “Regrettably there are many unanswered questions about what happened that fateful night.”

Furthermore a legal expert also believes Judge Traverso made an error in not putting Shrien Dewani on the witness stand.

According to an interview that I heard on a radio station, a certain advocate believes Dewani should have been questioned on how did he get to the Khayelitsha Police Station so shortly after the murder of his wife; why was he not injured at all; what lead to the circumstances that caused Dewani to become so close to the people who confessed to murdering his wife and left him unscathed. Why would strange people in a strange country make up a story and even be willing to go to prison for many years in order to implicate Dewani in a conspiracy to murder his wife? (Voice of the Cape, December 08).

To quote the advocate: “He has failed to explain these factors, and in not taking to the witness box, he has failed to prove, in court, beyond reasonable doubt that he had nothing to do with his wife’s murder.”

Now that Dewani’s murder trial has been dismissed, the ordinary people and especially the Hindocha family will never be able to get closure on the murder as Shiren Dewani had never been crossed examined.

To quote Anni Hindocha's sister: “We came here looking for the truth, and all we got, was more questions.” (News24, December 08).

By correctly using the legal process and the principle “Beyond reasonable doubt” too many criminals are beating the judicial process and escaping incarceration.

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