South Africa - Anni Dewani, 28, shot to death, Gugulethu, 13 Nov 2010 #4

[newone]

1041
FvZ asking MM about the money again and about why he changed his statement.

MM doesn't appear to understand the questions being put to him.

http://www.news24.com/SouthAfrica/News/LIVE-Dewani-in-court-day-17-20141107

 

[newone]

http://www.news24.com/SouthAfrica/News/LIVE-Dewani-in-court-day-17-20141107

1043
Lauren observes from court: "Vinod Hindocha appears to be checking things on his phone; doesn't seem too interested in proceedings right now."

 

[PrimeSuspect]

EWN Reporter ‏@ewnreporter 15m15 minutes ago

VZ:this man was prepared to pay R15000 for the hit. Did you know how much Zola would be paid for his part?

MM: no, didn't ask him

Judge:you said the reason you did it was because you were in financial difficulties that's why you thought only of money

MM:yes, what I thought was that after everything I would meet Qwabe or Zola, but never arranged where money would come from.

VZ: was there ever talk that you would get your share from Qwabe?

MM: never spoke of that.

VZ: was it ever discussed that the 3 of you would share the R15000?

MM: no.

VZ:understood your evidence yesterday you were shown CCTV footage.

MM: yes.

VZ: as a result you decided to give new statement

MM: its not only because I saw the footage, also because I wanted to tell the truth.

Judge: the whole truth and nothing but...

 

[newone]

http://www.news24.com/SouthAfrica/News/LIVE-Dewani-in-court-day-17-20141107

1044
MM says in the statement that there was no set amount of money discussed.


that's going to be a 'sticky' point......Tongo is pretty firm about that point moo

 

[patCee]

So inept, yet the police and prosecutors originally bought their stories hook line and sinker and were prepared to spend millions of rand on extradition proceedings, a private plane for SD and a lengthy trial on this basis.

There would have been a difficulty investigating the case regarding Dewani because he left SA 3 days after the murder. Once in the UK he wasn't considered fit to be questioned, so in fairness the SA police were stymied. Whatever, the UK authorities looked at the evidence and saw fit to extradite him for trial.

 

[PrimeSuspect]

EWN Reporter ‏@ewnreporter 10m10 minutes ago

VZ reads from his statement "been given an opportunity to read through my original statements and rectify them"

VZ: was there ever a discussion between you and Zola that he must give Qwabe R9k and keep R1k for you.

MM: when I watched the footage that's what I heard myself say... when I watched the footage.

 

[PrimeSuspect]

EWN Reporter ‏@ewnreporter 2m2 minutes ago

VZ: would it be correct to say that Tongo said accused was prepared to pay 15000 for the hit, that didn't involve you, right?

MM:Yes

 

[newone]

http://www.news24.com/SouthAfrica/News/LIVE-Dewani-in-court-day-17-20141107

1046

MM: I was protecting myself, hiding my involvement.

1050

Back in 2012 MM testified Tongo never told him how would be paid to the hitman....during this trial he said Zola told him R15000#DewaniTrial
— kevinjohnbrandt (@kevinjohnbrandt) November 7, 2014

 

[patCee]

For those interested:

Reasons for refusing an extradition request
Reasons for refusing an extradition request, bars to extradition, are set out in both Parts1 and 2 of the Act, and also within multi and bilateral extradition instruments, and include the following (this list is not exhaustive):

'Double jeopardy'; a person must not be prosecuted or sentenced in respect of an offence that he has already been convicted or acquitted of.
Extraneous considerations; the request will be refused if the purpose of the request is deemed to be to prosecute or punish the person on account of race, religion, nationality, gender, sexual orientation or political opinions, or if extradited the person might be prejudiced at his trial or punished unfairly for any of these reasons.
Passage of time; the request will be refused if it would be oppressive to prosecute or punish the person for the extradition offence due to the age of the alleged offence.
Age of wanted person; extradition is not possible if due to his age the person could not be convicted of the offence in the United Kingdom.
Absence of speciality provisions; specialty is the principle that a person may only be dealt with in the requesting state for the conduct in respect of which extradition was ordered. Extradition instruments invariably include specialty provisions.
Earlier extradition of the wanted person to the United Kingdom; in order to permit extradition to the requesting state in this situation the United Kingdom must first obtain permission from the state that extradited the person to the UK.
Human rights; extradition will be refused if it would not be compatible with the person's rights under the European Convention on Human Rights within the meaning of the Human Rights Act.
Death penalty; a person must not be extradited if there is a possibility that the person will be sentenced to death. Extradition may be possible if the requesting state gives an undertaking that the death penalty will not be imposed.
Physical or mental condition; if it would be unjust or oppressive to extradite the wanted person on these grounds the extradition request will either be refused or adjourned until the condition improves.

http://www.cps.gov.uk/news/fact_sheets/extradition/

 

[newone]

http://www.news24.com/SouthAfrica/News/LIVE-Dewani-in-court-day-17-20141107

1053
After MM's states that he lied to protect himself, FvZ says: Isn't the truth hat you're just a liar?

 

[PrimeSuspect]

EWN Reporter ‏@ewnreporter 9m9 minutes ago

VZ now asking MM why he lied about not knowing that R15k would be paid to hit man when he testified in Mngeni trial.

VZ asks why lie about R15k in the Mngeni trial when it had nothing to do with his involvement.

MM maintains he was just protecting himself.

VZ: isn't the true explanation sir, that you are just a liar?

Defence counsel calls the middleman a liar.

 

[zwiebel]

I've been looking at hotel salaries. I couldn't find anything for Cape Grace - apart from temp work during the world cup - but looking at this website here, MM could have been earning anything from 4,000 to 15,000 a month, unless he lived in. Whatever it was, 1,000 Rand for arranging a hit seems such a tiny amount of extra money....

http://www.hoteljobs.co.za/category/western-cape-hospitality-jobs.html

 

[newone]

http://www.news24.com/SouthAfrica/News/LIVE-Dewani-in-court-day-17-20141107

1057
Leigh-Anne Jansen, a journalist tweeting from court has referred to her notes on Mngeni's trial. She says:


#DewaniTrial @eNCAnews Several parts of Mbolombo's evidence against Mngeni & his evidence now, are the same.
— Leigh-Anne Jansen (@LA_JANSEN) November 7, 2014

1058

MM recalls ZT as telling him that man who wanted hit wanted it on a "lady". He didn't say wife.

1100

MM: He (ZT) said to me it was a lady and these people are not from here (foreigners).

 

[newone]

http://www.news24.com/SouthAfrica/News/LIVE-Dewani-in-court-day-17-20141107

1101

FvZ now directs MM to look at the record, his evidence from yesterday. MM said yesterday Tongo told him a man wanted his wife killed.

1102

MM says it is as it's contained here (meaning what he said yesterday) but... just a moment ago he said it was just a lady, not specifically wife.

In a rare break from his regular cool, VZ's voice rises - "I want to know the TRUTH, sir!" #DewaniTrial
Lauren Hess (@LaurenH_ZA) November 7, 2014

 

[Britlaws]

There would have been a difficulty investigating the case regarding Dewani because he left SA 3 days after the murder. Once in the UK he wasn't considered fit to be questioned, so in fairness the SA police were stymied. Whatever, the UK authorities looked at the evidence and saw fit to extradite him for trial.

They let him go home. He agreed to be interviewed whilst in the UK (cant recall at what point) but never was. His extradition was I think argued on his MH issues and the ability of him to be appropriately dealt with without detriment to him. SA subsequently convinced the UK that they could deal with him fairly - as we did with Abu Qatada and Jordan. When we extradite we might agree that there is a case to answer but that is a very long way short of agreeing that there is enough evidence to convict.

 

[zwiebel]

Sonal Chotai ‏@SC4CC 53 secs54 seconds ago

#DewaniTrial monde is clearly lying. Now all over the place

 

[zwiebel]

Lauren Hess ‏@LaurenH_ZA 3 mins3 minutes ago

In a rare break from his regular cool, VZ's voice rises - "I want to know the TRUTH, sir!" #DewaniTrial

 

[newone]

http://www.news24.com/SouthAfrica/News/LIVE-Dewani-in-court-day-17-20141107
1104
MM tries to explain his way out of this: Maybe I'm the one who cannot explain here. To me, a lady is just a female
1106
MM tries: To me, the lady and the wife is confusing...
1108
MM says he doesn't know about the man wanting a business partner killed. That's what Tongo told the court.

 

[zwiebel]

Ayesha ‏@CloraVannieKaap 40 secs40 seconds ago

#DewaniTrial Mbolombo says wife and lady is confusing. Van Zyl says it's much more sinister than that.

 

[patCee]

They let him go home. He agreed to be interviewed whilst in the UK (cant recall at what point) but never was. His extradition was I think argued on his MH issues and the ability of him to be appropriately dealt with without detriment to him. SA subsequently convinced the UK that they could deal with him fairly - as we did with Abu Qatada and Jordan. When we extradite we might agree that there is a case to answer but that is a very long way short of agreeing that there is enough evidence to convict.

Of course, he's not put on trial in the UK and considered guilty prior to extradition. Consideration has to be given re a case to answer, i.e. reasonable grounds to be extradited.

On receipt of papers a district judge at this court decides whether or not to issue an arrest warrant for the wanted person. The judge must have reasonable grounds to believe that the offence is an extraditable offence, which is defined in sections 137 and 138 of the Act and is similar to the provisions for category 1 territories. A second requirement in accordance with section 71 of the Act is, in simple terms, that depending on the state concerned, the judge must also have reasonable grounds for believing that evidence or information contained in the request would in an analogous domestic case justify the issue of a warrant for the persons arrest.

http://www.cps.gov.uk/news/fact_sheets/extradition/