One legal expert believes Deputy Judge President Jeanette Traverso made an error in not putting Shrien Dewani on the witness stand. Instead, Dewani was acquitted of the charge of murder against him on Monday.
In delivering her judgment on an application by Dewani’s defence team, Traverso explained that the State had not made a sufficient case to proceed with a charge of murder against Dewani.
But Gauteng based advocate Zehir Omar said the judgment is questionable.
“Judge Traverso ought to have rejected the application for a discharge; advocate Van Zyl should at that point have decided whether or not to call Shrien Dewani into the box to testify or not. [Because] Dewani was not called to the box, crucial questions will remain unanswered; these include how did Dewani go to the Khayelitsha Police Station so shortly after the murder of his wife; why was he not injured at all; what lead to the circumstances that caused Dewani to become so close to the people who confessed to murdering his wife and left him unscathed?”
Omar says Traverso ignored blatant evidence that perhaps was not pointed out by the prosecution, but could be relayed by the context of Anni Dewani’s manner of death.
“Why would strange people in a strange country make up a story and even be willing to go to prison for many years in order to implicate Dewani in a conspiracy to murder his wife?”
Omar believes now that Dewani is free to go, he will never be able to give context to these questions that the prosecution and the general public may want to have had answered.
“He has failed to explain these factors, and in not taking to the witness box, he has failed to prove, in court, beyond reasonable doubt that he had nothing to do with his wife’s murder,” Omar said. VOC (Andriques Petersen)