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Friday, December 18, 2015

The Shrien Dewani Murder-For-Hire Case

     On November 13, 2010, 30-year-old Shrien Dewani and Anni, his 28-year-old wife of two weeks, were on their honeymoon in Cape Town, South Africa. The couple, of Indian decent (she was born in Sweden), resided in the southwestern English town of Bristol where he was a businessman.

     Shortly after midnight on November 13, 2010, Shrien Dewani reported to police authorities that a gunman had commandeered the taxi he and his wife were riding in near the Cape Town suburb of Guguiethu. The kidnapper ordered the cab driver and Shrien out of the taxi in the town of Harare then drove off with Anni.

     Later that night, police officers found Anni's dead body in the abandoned taxi in the town of Lingelethu West. She had injuries to her head and chest, and had been shot in the back of the neck at short range. Officers with the Western Cape Town Police Department launched a manhunt for the killer.

     Shrien Dewani returned to England where he was treated for depression and post-traumatic stress disorder.

     On November 14, 2010, Western Cape Town officers arrested 26-year-old Xolile Mngeni, the suspected gunman, on the charge of murder. Two days later, police officers arrested a suspected accomplice in the murder named Mziwamadoda Qwabe.

     Detectives arrested the cab driver, Zola Tongo, on November 20, 2010. According to the suspect, Shrien Dewani had offered him 1,400 pounds to find a hit man willing to kill his wife Anni. Tongo reached out to his friend Qwabe who brought Mngeni, the trigger man, into the murder-for-hire scheme.

     On December 8, 2010, at the request of the South African government, police in England arrested Dewani for conspiring to have his wife murdered. Two days after being taken into custody, Dewani posted his bail and was confined to house arrest. He denied any involvement in his wife's murder.

     Zola Tongo, the cab driver, pleaded guilty to his role in the murder-for-hire plot in January 2011. The judge sentenced him to 18 years in prison. A month later, Mziwamadoda Qwabe decided to cooperate with the police. He said that after the kidnapper let Dewani and Tongo out of the taxi that night, Mngeni drove off with the victim. Qwabe admitted that for his role in the murder, he received the victim's jewelry.

     In February 2011, back in England, Dewani swallowed a cocktail of 26 pills that included the drug diazepam that had been prescribed to him for anxiety. Following a period of hospitalization, he returned home to house arrest.

     In November 2011, a TV station in England aired a documentary about the case called, "Murder On Honeymoon." The producers of the segment presented evidence pertaining to Dewani's alleged motive for having his new wife murdered. According to the documentary, investigators were working on the theory that Dewani had been living a secret double life as a gay man. Witnesses stated that he had been a regular visitor to a south London gay fetish sex club. When Anni found out he was gay, she threatened to end the marriage and expose him.

     On March 30, 2012, judges sitting on London's High Court ruled that it would be unjust and oppressive to extradite Dewani to South Africa until he overcame his problem with mental illness. The authorities in South Africa were convinced he was faking mental illness to avoid extradition.

     Miziwamadoda Qwabe pleaded guilty in August 2012 and was sentenced in South Africa to 25 years in prison. Three months later a jury found Xolile Mngeni, the hit man, guilty of premeditated murder. The judge sentenced Mngeni to life behind bars.

     The fourth South African involved in the case, a hotel clerk named Monde Mbolombo, had avoided prosecution by testifying against Qwabe and Mngeni.

     The BBC, in September 2012, aired another documentary about the Dewani case called "The Honeymoon Murder: Who Killed Anni?" Featuring forensic experts and others who had reviewed the evidence, the show cast doubt on Shrien Dewani's guilt.

     The widely viewed BBC documentary portrayed Monde Mbolombo, the hotel clerk who was granted immunity for his prosecution testimony, as the true mastermind behind the murder. According to the documentary, Mbolombo put the cab driver in touch with Mngeni, the trigger man. The motive was theft.

     About the time the BBC broadcast the documentary, the English tabloid Daily Mail published text messages the victim had sent to family members shortly before her big wedding. "I'm going to be unhappy for the rest of my life," she had written. "I hate him. I want to cry myself to death."

     On January 2014, a panel of three judges sitting on England's Supreme Court ruled that Shrien Dewani could be extradited to South Africa to be tried for his wife's murder. The extradition, however, was conditioned on the promise that if the defendant were adjudicated mentally unfit for trial, South African authorities would send him back to England. Dewani was expected to arrive in Cape Town in April 2014.

     South African Judge Jeanette Traverso, on December 8, 2014, dismissed the case against Dewni on the ground that no court would convict him unless he took the stand and incriminated himself. The judge noted that the prosecution witnesses against the accused murder-for-hire mastermind were not credible because they had been involved in the killing themselves. The judge's decision ended the case against Dewani because prosecutors in South Africa can only appeal a case when the judge had made a mistake in applying the law. This case, however, was dismissed based upon what this judge considered the crown's lack of evidence to support a conviction. The decision meant that Shrien Dewani was a free man and could not be charged again.

     A spokesperson for the prosecutor's office, in response to the dismissal, told reporters that the judge misunderstood the case.

     In the United States, many murder-for-hire cases are predicated upon the prosecution testimony of the hit man and various accomplices. Getting a conviction pursuant to this South African judge's standards would be, in the United States, almost impossible.

    

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