NOTGUILTY South Africa - Anni Dewani, 28, shot to death, Gugulethu, 13 Nov 2010 #5

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I can't help feeling that Dewani is guilty but there does not appear to be enough evidence to convict him.

If I were the Judge I would want to put Dewani on the stand to see how he measures up. But it appears that if the Defence decides not to put him on the stand, he does not have to testify.

A person I would like to hear from is Dewani's secretary who planned this trip who may have prior knowledge of organising Tongo to pick them up at the airport but I guess he would not tell the truth. IMO Dewani's behaviour is suspicios as well as his body language and lies.
 
Estelle said:
I can't help feeling that Dewani is guilty but there does not appear to be enough evidence to convict him.

If I were the Judge I would want to put Dewani on the stand to see how he measures up. But it appears that if the Defence decides not to put him on the stand, he does not have to testify.

A person I would like to hear from is Dewani's secretary who planned this trip who may have prior knowledge of organising Tongo to pick them up at the airport but I guess he would not tell the truth. IMO Dewani's behaviour is suspicios as well as his body language and lies.
Click to expand...

Well, if the defence make a s174 application this morning and its refused, then that will tell the defence that the judge thinks much more of the state's case than they do. As the alleged co conspirators have been seen to be liars during the investigation and on the stand (and not just in this trial) seriously affecting their credibility, then that might indicate that the judge isn't happy with all the other anomolies, inconsistencies and stuff that doesn't seem to make sense - some of which can only be explained by Dewani, so the defence may have no choice but to put him up despite the risk.

If he does testify, I would like to know what happens if he is walked through his evidence in chief by his advocate (who is experienced and will make the most of it) and then 3 or 4 questions into the prosecutions cross examination he buckles and it is claimed that further XE would be detrimental to his mental health.

If there is a s174 Appn, I wonder if the Judge will be ready with her answer? She must be expecting it as a distinct possibility and she is giving all the signals that she wants this over already, so will be reluctant to delay matters with her decision making.
 
Leigh-Anne Jansen @LA_JANSEN · 29m 29 minutes ago
#DewaniTrial The state to call a new witness today.Unclear exactly who it is. Also widely expected that the state will wrap up its case soon

P.S. not usurping the role of others! :)
 
Leigh-Anne Jansen ‏@LA_JANSEN 43s43 seconds ago
#DewaniTrial Proceedings to resume at 11:30. Unclear why. Counsel has just come from chambers.
 
Roy McKenzie ‏@RoyMcK 2m2 minutes ago
Apparently #DewaniTrial delay due to defence & prosecution agreeing to cut number of witnesses where facts not in dispute.
 
Britlaws said:
Leigh-Anne Jansen @LA_JANSEN · 29m 29 minutes ago
#DewaniTrial The state to call a new witness today.Unclear exactly who it is. Also widely expected that the state will wrap up its case soon

P.S. not usurping the role of others! :)
Click to expand...

Some saying that defence at the last minute have agreed this witnesses evidence, so no need for them to appear (may not be true of course!).

So, is it a wrap for the state now?
 
Leigh-Anne Jansen ‏@LA_JANSEN 2m2 minutes ago
#DewaniTrial It's believed that the defence will now apply for a dismissal. All is yet to be confirmed in court, though.
 
Britlaws said:
Some saying that defence at the last minute have agreed this witnesses evidence, so no need for them to appear (may not be true of course!).

So, is it a wrap for the state now?
Click to expand...

Yes, it's something about the couple that were supposed to be in the room, defence agreed that it wasn't true, the couple were in the other room, so no need for them to take the stand.

Looks like it's all over. :)
 
Shall we lay bets on the outcome of a s174 appn? ;)

ETA Which has now apparently been submitted.
 
Leigh-Anne Jansen ‏@LA_JANSEN 5m5 minutes ago

Mopp: The defence and state have agreed on a list of common cause facts. ((List handed in))
 
Leigh-Anne Jansen ‏@LA_JANSEN 5m5 minutes ago

Pieter Botha reads the common cause facts, including areas which tested positive for primer residue, that tests were conducted
 
Leigh-Anne Jansen ‏@LA_JANSEN 5m5 minutes ago

The area near the handle of the right front door, seat area of left rear seat, area near handle of inside rear door

The accused made an electronic payment of R30000. R15000 of which was gratuity at Cape Grace

Col. Els questioned ZT in communications room of Cape Grace hotel, contents of the timeline accurately depicts communication

The report by Dr. Schmitz, except for details of missed calls, contain same details as timeline

Accurate Vodacom & MTN cell towers, layout of communications room at Cape Grace hotel: there were 2 adjoining rooms

Accused's BB cellphone was set on international roaming between 9 & 13 November 2010

Mopp confirms & wraps up the state's case
 
Leigh-Anne Jansen ‏@LA_JANSEN 5m5 minutes ago

VZ: We intend submitting an application for a Section 174 discharge. We will submit filed heads by close of business on Friday

Traverso agrees. Traverso: We'll stand down til Monday next week.

Proceedings adjourned
 
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