The grief-stricken family of honeymoon murder victim Anni Dewani say they are still looking for answers after her British millionaire husband was cleared of plotting her brutal death.
Shrien Dewani, from Westbury-on-Trym, near Bristol, heaved a sigh of relief as Judge Jeanette Traverso dismissed the case against him, after evidence from prosecution witnesses was described as being "riddled with contradictions".
Speaking on the steps of the Western Cape High Court after Mr Dewani was acquitted, Anni’s sister Ami Denborg said the family felt “failed” by the justice system, having waited four years for the case to be brought against the 34-year-old businessman wrongly accused of staging the car-jacking in which she was gunned down.
Ms Denborg said the family would be “haunted” by the decision. Holding back tears, she said: “We came here looking for answers and we came here looking for the truth and all we got was more questions.
“We waited patiently for four years to hear what really happened to Anni and . . . unfortunately we believe that this right has now been taken away from us.”
Drawing on evidence that Mr Dewani had secret relationships with gay men in the months before they married, Ms Denborg said: “We heard that Shrien has led a double life and that Anni knew nothing about it. And we just wish that Shrien had been honest with us and especially with Anni.”
The decision was a huge disappointment for the family of Anni, whose maiden name was Hindocha, while there were screams and shouts in the public gallery.
Mr Dewani bolted from the dock as soon as the judge rose, leaving his family to embrace. He left the court a short time later via a side gate, declining to comment.
Three men have already been convicted of plotting to kill Anni – while a self-confessed “middle man” who set up the murder may also face justice having previously been granted immunity by the state.
Judge Jeanette Traverso dismissed the case against Mr Dewani after condemning the evidence of the chief prosecution witness. Announcing her ruling, the judge said: “The accused is found not guilty of this charge.”
Giving her ruling in Cape Town, she said cab driver Zola Tongo’s claims about the murder of Anni Dewani were “riddled with contradictions” and “highly debatable”.
The judge said the evidence presented by the prosecution fell “far below” the required threshold. She said the only reason not to grant the application would be in the hope that Mr Dewani would implicate himself if he gave evidence .
But to do so would be a “manifest misdirection”.
Mr Dewani was extradited from the United Kingdom this year to face trial accused of planning the murder of his wife.
She was shot in Cape Town in November 2010 after the taxi she was travelling in with her husband was hijacked as they passed through a township late at night.
Dewani denial
Prosecutors say Mr Dewani, who is bisexual, wanted to leave the relationship and plotted for his engineer wife (28) to be killed in an apparent botched hijacking.
Mr Dewani (34) has always denied any involvement in the plot. He had been charged with murder, conspiracy to commit kidnapping, robbery with aggravating circumstances, kidnapping, and defeating the ends of justice.
His lawyers last month applied for the judge to dismiss the case – although they have refused to confirm if Mr Dewani would be free to return to the United Kingdom immediately.
Mr Dewani claims the couple were hijacked as Zola Tongo was driving them through Gugulethu in his minibus. He says he was released unharmed and his wife was driven away. She was found shot dead in the abandoned minibus in Khayelitsha the next morning.
The judge was scathing of chief prosecution witness, cab driver Zola Tongo, describing part of his evidence as “highly improbable”.
Tongo is already serving an 18-year jail term.
Ms Traverso said it was crucial for the state’s case to prove that he entered into an agreement with others to have Anni killed in 2010. Failing that, there would be nothing linking him to the crimes.
She said a defendant was entitled to be discharged if there was no possibility of conviction unless he entered the witness box and incriminated himself.
Tongo was the only accomplice witness she said, adding that such evidence should be treated with “caution”.
Tongo’s version needed to be corroborated specifically where it implicated the accused.
Details such as where he picked up and dropped off Mr Dewani and his wife did not provide corroboration for Tongo.
“It is what was said during these events which is an issue and for that there is only the version of Tongo.”
She said the same applied to phone calls between Tongo and Mr Dewani.
Mr Dewani met Tongo in the hotel after the killing. Giving evidence, the cab driver said it was “nonsense” that Mr Dewani bought him a thank you card and gave him cash out of pity for what the driver had endured.
Mziwamadoda Qwabe and gunman Xolile Mngeni have been convicted along with Tongo for their parts in the murder.
Qwabe is part-way through a 25-year jail sentence. Mngeni was serving life for firing the shot that killed Mrs Dewani, but he died in prison from a brain tumour.
The judge also raised questions about their evidence in her ruling.
The defendant, whose extradition was delayed after his was diagnosed with post-traumatic stress disorder, appeared to twitch and flinch at various points during the hearing.
His wife’s family were also in court to hear the ruling.
Agencies