NOT GUILTY South Africa - Anni Dewani, 28, shot to death, Gugulethu, 13 Nov 2010 #5

[Estelle]

Judge presiding over the Anni Dewani murder trial 'is biased and has demonstrated legal failures' claims international criminal lawyer

Allegations form part of dossier prepared by Justice4Anni campaign group

Have also compiled petition calling for the judge's dismissal and a retrial

Spokesman: 'It's judge's entire demeanour that we believe to show bias'

Comes amid predictions case against Shrien Dewani will be thrown out

Anni's family desperate to hear Dewani's account from the witness box

http://www.dailymail.co.uk/news/art...ernational-criminal-lawyer.html#ixzz3KQZs0Nhb

 

[Estelle]

This is not the first case in which Traverso has been accused of bias - also read about this other case:

http://www.iol.co.za/news/south-africa/racist-jibe-in-raf-payment-fight-1.411908

 

[Estelle]

Comment: Actually I have been reading British opinion and they seem to think that there is something very wrong with the judiciary, with both the Oscar and Dewani cases. I do not know who these people are, but Traverso was irrational not to include testimony of Dewani's sexuality and test and see whether he is lying as to his sworn statement that he is bisexual. It is obviously a motive as well.

I too have no confidence in Traverso, just on that basis. Secondly the fact that she is the 2nd most senior judge in the Western Cape means nothing, as they have suffered the barbarous violence of a liberal judiciary in the WC for far too long.

Liberals just don't hate evil and continuously make excuses for it and blame "society" for producing criminals instead of exterminating them, which is their job, and not being an extension of social services.

http://news.iafrica.com/sa/973207.html

 

[Estelle]

Is it just a coincidence or were these two female judges, Masipa and Traverso, specially chosen for these two high profile cases in South Africa?

Two dodgy judges presiding over high profile murder cases in SA. One murder accused gets a shockingly light sentence and the other a possible acquittal which leaves me with feelings of utter despair. Is there no justice for innocent victims anymore?

I am praying for Justice for Anni and Reeva!!!!!!!

 

[Estelle]

http://carteblanche.dstv.com/player/700834/

John Webb reports on the Dewani Trial

 

[Estelle]

Unfortunately, there is no legal obligation in SA law for Dewani to take the stand.

SA law leaves it for the defendant to decide whether to take the stand.

If he does not take the stand, assuming the trial continues, then the judge is required to draw a negative inference from his failure.

Obviously there is a moral obligation to the Hindochas, there is the obligaiton for VZ to fulfil his promises to the court of "my client will say x" and of Prakash Dewani promising his son will "clear his name"

 

[Estelle]

http://citizen.co.za/283140/trolls-target-dewani-judge/

Beautiful picture of Anni here! Can someone copy it please?

 

[Estelle]

Picture of Judge Traverso here:

https://www.facebook.com/Justice4An...0.1417238930./827661277284767/?type=1&theater

 

[Estelle]

At the trial of the gunman, Mngeni, at the High Court in Cape Town, the judge heard from more than 30 witnesses and concluded this was a contract killing.

If Dewani didn't organise the hit, who do you think organised it and why?

 

[JudgeJudi]

Unfortunately, there is no legal obligation in SA law for Dewani to take the stand.

SA law leaves it for the defendant to decide whether to take the stand.

If he does not take the stand, assuming the trial continues, then the judge is required to draw a negative inference from his failure.

Obviously there is a moral obligation to the Hindochas, there is the obligaiton for VZ to fulfil his promises to the court of "my client will say x" and of Prakash Dewani promising his son will "clear his name"

Under the Constitution in SA, the US and most countries, a defendant is not obliged to testify and the judge is not allowed to infer guilt from this. When a person is arrested they’re read their rights – “You have the right to remain silent” etc, and this right continues until the end of the case. It’s because of the presumption of innocence.

• He is not required to prove his innocence. It’s up to the prosecutor to prove his guilt beyond reasonable doubt.
• If he does choose to testify, he must submit to cross-examination.
• If he has been convicted of a felony (a more serious crime usually incurring a sentence of 1 or 2 years), the prosecutor may be able to attack his credibility.
• A judge may not believe an innocent person if he’s a nervous witness and makes a bad impression.

 

[Interested Bystander]

At the trial of the gunman, Mngeni, at the High Court in Cape Town, the judge heard from more than 30 witnesses and concluded this was a contract killing.

If Dewani didn't organise the hit, who do you think organised it and why?

AFAICS the only other option is that MM and Tongo gauged that the Dewani's were very rich, only staying a very short time, and between themselves organised a robbery that probably went wrong BUT why release SD alone (unless there was a possibility of a rape being committed)? The only evidence supporting something like this is from Hendrikse (the lead investigator) who said that the "felons" stated Anni was shot only because she kept screaming (see your link to carteblanche in post 733).

I think there are lots of unanswered questions in the case but I still don’t think at this stage he can be convicted at this trial – not because I definitely think he is not guilty (he may or may not be) but because there was not enough evidence produced to determine his guilt and the admissions from the prisoners that they had lied.

I think it very suspicious that Dewani did not mention the 10,000 Rand for the helicopter ride when he was first interviewed and that he and Tongo both deleted a message at around the same time. Also, if it was only to be a robbery why the need for rubber gloves? I am still hoping that Traverso will not throw the case out but it does seem a forlorn hope at the moment.

 

[Interested Bystander]

Under the Constitution in SA, the US and most countries, a defendant is not obliged to testify and the judge is not allowed to infer guilt from this. When a person is arrested they’re read their rights – “You have the right to remain silent” etc, and this right continues until the end of the case. It’s because of the presumption of innocence.

• He is not required to prove his innocence. It’s up to the prosecutor to prove his guilt beyond reasonable doubt.
• If he does choose to testify, he must submit to cross-examination.
• If he has been convicted of a felony (a more serious crime usually incurring a sentence of 1 or 2 years), the prosecutor may be able to attack his credibility.
• A judge may not believe an innocent person if he’s a nervous witness and makes a bad impression.

JJ it is definitely not the case in UK.

ENGLAND LIMITS THE RIGHT TO SILENCE AND MOVES TOWARDS AN
INQUISITORIAL SYSTEM OF JUSTICE

“Britain's Parliament has adopted Prime Minister John Major's proposal to significantly curtail the right to silence.1 The new law will allow judges and juries to consider as evidence of guilt both a suspect's failure to answer police questions during interrogation and a defendant's refusal to testify during trial.”

http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6816&context=jclc


This has been the case in the UK since the mid 1990’s.

 

[JudgeJudi]

http://citizen.co.za/283140/trolls-target-dewani-judge/

Beautiful picture of Anni here! Can someone copy it please?

Here you go Estelle, and not on a poster. This is from her wedding.

 

[jslk]

What a waste of a young life.

 

[RR0004]

So it's true then? The judge is leaning towards aquittal?? What an miscarriage of justice that would be. Is there any chance that charges could be filed adainst Dewani in the UK?
So sad to hear.

 

[Harmony 2]

mod note: Linking to or discussions about petitions is not allowed...

 

[KING Charles]

http://www.dailymail.co.uk/news/art...tml?ITO=1490&ns_mchannel=rss&ns_campaign=1490

The sister of murdered honeymoon bride Anni Dewani has made an emotional plea for the judge not to halt the trial of Shrien Dewani without hearing the accused’s version of events.

 

[zwiebel]

These weeks of waiting for the judge's decision seem just endless.....

 

[Estelle]

Why did Judge Traverso snap abruptly at the senior detective when he told the court Dewani never mentioned the R10,000 in the car to him or anything about a helicopter trip?

The detective said if Dewani had told him, they would have much earlier started investigating Tongo. Therefore the newly introduced "helicopter trip money" - which Dewani had never mentioned before his Plea Explanation document given to the court 4 years later - was "fabricated".

The Mail & Guardian newspaper says

[Traverso interjected abruptly: “That is merely your view. At the end of the day the court must decide that.”]

Yet Dewani has not even been questioned or cross examined about his alleged helicopter trip money. She never asked about it during the Defence's arguments under the s174 Application either. So why was Traverso getting so upset with the senior detective's comment and dismissing it as a "mere" view?

She has not once snapped abruptly at Dewani's lawyers in 23 days. But she has bitten Prosecutor Mopp's head off numerous times, scolding him openly.

Traverso has to go. She is not fit to preside over this case. Her biased conduct is embarrassing South Africa across the world and risking justice for Anni.

 

[Estelle]

Anni Dewani's parents reveal they will SUE Shrien in British courts over their daughter's murder because he lied about gay sex with prostitutes and his bisexual past

'The wedding was a drama and false. I am going to sue him for that,' Mr Hindocha said.

"The five star hotel in India has already provided evidence of some receipts and the Hindocha family have engaged a top London lawyer, who has a successful track record in winning compensation, to take up the legal action once criminal proceedings have concluded."

"Speaking for the first time since the trial began, Vinod and Nilam Hindocha said they intend to pursue the civil action in London whatever the result, but stressed it was not financially motivated.

It is, however, likely to include them seeking compensation for the couple's lavish £200,000 wedding, which Mr Hindocha branded 'a drama and false' and said he had largely paid for"

http://www.dailymail.co.uk/…/Ani-Dewani-s-parents-reveal-SU…