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Dewani: three strikes to freedom [Independent on Saturday (South Africa)](Independent on Saturday (South Africa) Via Acquire Media NewsEdge) THREE inadmissibility rulings in three weeks which affected the testimony of three witness have effectively crippled prosecutors' attempts to show the Western Cape High Court what, in their view, motivated Bristol businessman Shrien Dewani to orchestrate his wife's murder. And, while motive is not essential to prove that someone committed a criminal offence, in Dewani's case it is a crucial part of the State's allegation that Dewani was not committed to his wife, Swedish beauty Anni Hindocha. The first came on October 14 - five days into the trial - when Scotland Yard detective Mark Roberts testified. Roberts was the Metropolitan Police official who analysed the hard drive of Dewani's Dell laptop. Roberts told the court he found e-mail activity between Dewani and an unidentified man. However, just as Roberts was about to testify, the defence objected, saying the |details were irrelevant and would be prejudicial to Dewani. Dewani's advocate, Francois van Zyl SC, said Dewani did not dispute that he was conflicted about marrying Anni, and that he had disclosed in his plea explanation that he was bisexual and had sexual interaction with men. Deputy Judge President Jeanette Traverso ruled the evidence inadmissible. The following week, Anni's cousin, Sneha Hindocha, testified that Anni felt ambushed into marrying Dewani, that there were problems in the relationship, and that the couple agreed to pretend to be happy at their wedding. However, as soon as she started to divulge details, Van Zyl objected on the basis that the evidence constituted hearsay. This evidence, according to the State, would show the court that Dewani had a motive to have Anni killed. But again Judge Traverso would not allow it. Then, this week, gay escort Leopold Leisser, also known as The German Master, testified he had sexual interactions with Dewani three times. The last occasion was in April 2010 - a month before Anni and Dewani were formally engaged. However he and Dewani remained in contact via Gaydar and cellphone until December 2010 - after Anni's murder. As soon as he was about to testify as to the details of their communication, the defence objected - again on the basis the evidence was not relevant. State advocate Adrian Mopp said the evidence was intended to show that Dewani was gay - not bisexual. In addition, Leisser was to tell the court that Dewani had made certain disclosures on his feelings about getting married to Anni. Judge Traverso pointed out that Dewani did not dispute that he was conflicted about the marriage, and that he had had sexual interactions with men. "Must I ignore all the other evidence that has been led in this court? That he had relationships with other women, that he was previously engaged and broke off the engagement?" she asked. She ruled the evidence inadmissible and said she would give reasons later. The ruling was the third in the triple jinx that befell the State, affecting the evidence of three important witnesses who were all flown to South Africa to testify. Finally, also this week, the the evidence of the State's key witness, taxi driver Zola Tongo, began to fall apart. Tongo, who claims that Dewani approached him to find a hitman, is the only State witness whose evidence directly implicates Dewani in the murder. However, from Wednesday, it became evident that several aspects of his testimony differed from what he had told police, what he had told the court when he pleaded guilty to the murder, and what hitman Mziwamadoda Qwabe had testified. The Independent on Saturday (c) 2014 Independent Newspapers (Pty) Limited. All rights strictly reserved. Provided by SyndiGate Media Inc. (Syndigate.info). |