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

[zwiebel]

Kai Howie ‏@KaiHowie 58 secs59 seconds ago

#DewaniTrial we're under way. Judge says exercise of S174 has been contentious to say the least. Giving summary of case law.

 

[zwiebel]

There's an awful lot of quoting and open/close brackets going on

 

[zwiebel]

T is quoting case law where if state has run out of evidence and it was 'of such poor quality', a case should be dismissed.

 

[zwiebel]

All the case law judge T is quoting seems to be where cases were dismissed for lack of reasonable evidence. She is also explaining why an acccused does not need to testify...

 

[zwiebel]

neo leeuw ‏@missleeuw 1 min1 minute ago

#DewaniTrial Traverso: The credibility of witnesses at this stage plays a very limited role..

 

[zwiebel]

T: An accused entitled to have case dismissed if, after end of state case, there is no possibility of conviction unless accused enters witness box and self-incriminates...

 

[zwiebel]

Judge now quoting case law in relation to Tongo's evidence, and corroboration. 'Cautionary Rule'

 

[JudgeJudi]

Traverso is using plenty of case law to back up her decision.

 

[zwiebel]

Ruth Maclean ‏@ruthmaclean 41 secs41 seconds ago

Accomplice witnesses like taxi driver Tongo have "a motive to tell lies", Judge Traverso says #DewaniTrial

 

[zwiebel]

RAHIMA ESSOP ‏@rahimaessop 1 min1 minute ago

#DewaniTrial Judge explains the law's position on accomplice witnesses: approach with caution. RE

 

[zwiebel]

T: CCTV images of accused meeting Tongo at Cape Grace....being dropped off later....paying Tongo...do NOT provide corroboration aas this was not an issue for the state, it is what was SAID then. For that, there's no corroboration.

 

[JudgeJudi]

Leigh-Anne Jansen @LA_JANSEN · 55s 55 seconds ago
#DewaniTrial It is trite that the court should approach the evidence of an accomplice witness with caution. ((Traverso cites
case law))


Leigh-Anne Jansen @LA_JANSEN · 11s 11 seconds ago
#DewaniTrial Traverso: the facts ie Tongo picking up the Dewanis, money exchange etc cannot be corroborated but are not in dispute

 

[zwiebel]

T: Only issue I have to determine is if accused was part of that conspiracy...

Judge now recounting events at the first meeting of Tongo and Dewani/Anni at airport

 

[zwiebel]

Judge is listing all the tourist attractions Tongo told them about, including the townships, penguins etc.

 

[newone]

T: Only issue I have to determine is if accused was part of that conspiracy...

Judge now recounting events at the first meeting of Tongo and Dewani/Anni at airport

http://www.ann7.com/livetv

this feed is working for me live

 

[JudgeJudi]

Traverso is now analysing the evidence

Leigh-Anne Jansen @LA_JANSEN · 13s 14 seconds ago
#DewaniTrial The only issue I have to determine is whether the accused was part of that conspiracy

Leigh-Anne Jansen @LA_JANSEN · 11s 11 seconds ago
#DewaniTrial Traverso is summarising Tongo's evidence


Please let this not be true ...

 

[zwiebel]

T: At all times Tongo said acccused tod him it was his business partner he wanted to be killed....acccused explained he would be prepared to pay 15,000 Rand and over and above, Tongo would receive 5,000 Rand...

 

[zwiebel]

Sadly, it seems almost certain to me that Judge has decided to dismiss. She is still recounting Tongo's version of the payments and hitman arrangements.

I really don't think there is any need to recount entire evidence like this, step by step. SA judges don't seem to like summarising?

 

[JudgeJudi]

Leigh-Anne Jansen @LA_JANSEN · 9m 9 minutes ago
#DewaniTrial The only issue I have to determine is whether the accused was part of that conspiracy

 

[zwiebel]

We are now up to where Tongo and Dewani have been to money changer and returned to hotel...'There was no discussion as to how, where or when the 'business partner' would be killed...