Shrien Dewani - Honeymoon murder

[anglolawyer]

I am surprised there is no thread for this fascinating case. So, I'm starting one And I am also committing myself to a position of pro-innocence for Shrien Dewani.

He married Anni Dewani on 29th October 2010 in Mumbai and arranged for her murder in Cape Town, SA, on 13th November (so it is alleged). He did this by conspiring with the taxi driver who picked them up at the airport on 7th November to have her bumped off for R15,000. The taxi driver contacted a go-between who contacted two assassins from Gugulethu township. On the night of the 13th, the taxi was hi-jacked in the township, Shrien and the taxi driver were forced out, the taxi was driven off and Anni was shot dead.

All the conspirators were identified and caught. The taxi driver got 18 years. One of the assassins pleaded guilty and gave evidence against the other one. They both got heavy sentences (details not to hand). The go-between got … off scot free!

Dewani returned to the UK a few days after the killing and has been in extradition proceedings ever since. Most recently, his latest attempt to resist extradition was recently turned down and he is due to be shipped off shortly as far as I understand. He has held out so long mainly on account of his poor health (PTSD and acute depression).

Why not guilty?

1. The case fails the smell test,
2. the witnesses against him are all criminals with much to gain by lying and there are serious problems with the alleged plan.
3. Also, some of the early claims of incriminating texts passing between him and the taxi driver seem to be unsubstantiated.
4. there is a serviceable alternative theory - a simply robbery that went wrong

 

[catsmate]

Insufficient data. Though given that Skwinty seems to have abandoned his Willingham case thread maybe it's worth a look.

 

[Rolfe]

What about the CCTV camara footage of the people in the lift? Sorry, I'm just remembering this from a TV broadcast.

Rolfe.

 

[anglolawyer]

Insufficient data. Though given that Skwinty seems to have abandoned his Willingham case thread maybe it's worth a look.

Actually there is a lot out there. There has been a pretty active discussion at IIP and all kinds of stuff is available.

What about the CCTV camara footage of the people in the lift? Sorry, I'm just remembering this from a TV broadcast.

Rolfe.

Er, what? LOL. What about it?

Consider this (anybody) the taxi driver says the deal was R15,000 for the hit and the evidence goes into some detail about how this was sourced and directed to the two killers. There is nothing about payment to Tongo (the taxi guy) or Mbolombo (the go-between) nor anything about the much more valuable jewellery they were flashing, including a R250,000 watch (IIRC) she was wearing.

The terms of the deal make no sense. Tongo was getting nothing, losing his cab and getting tossed out of it in the middle of the night, for what? Explain his end. Explain Mbolombo's end too. Much more likely is the plan was to rob both of them of everything with the robbers taking the cash and the other two fencing the jewellery (Tongo even knew a dodgy jeweller who was willing to exchange currency on the black market) but the robbers got interested in Anni and added rape to the mix and then she got shot while putting up a fight. The police put the screws on and they all started to sing (except Mngeni, one of the two killers) whatever tune the cops wanted.

The plus for the Cape Town police and tourist office would be the killing would not be the result of endemic crime that might drive tourists away but rather an exotic and unusual professional hit. And there may be a drop of confirmation bias in there somewhere too.

 

[Octavo]

Here is a fair slew of articles about the case. Obviously all of the more recent articles refer only to the extradition hearings. anglolawyer, you are correct that he's facing iminent extradition, but AFAIK, he has appealed to the UK supreme court and rumours about that if that fails, he will approach the European Union courts.

http://www.news24.com/Tags/People/shrien_dewani

In fact, this may be one of the main reasons many South Africans believe he is guilty. He initially promised police that he would return if he was required to do so and was allowed to leave. Since charges were filed he has fought tooth and nail on pretty flimsy grounds that he is too traumatized to stand trial in SA. Sounds more to me like he knows what he did and that its likely he'll be convicted if he returns.

I'm willing to be convinced that he is in fact innocent, and perhaps I'm misremembering the facts of the case, but didn't at least 2 of the convicted killers implicate Shrien during their confessions?

Is there any evidence to support the rumour the Shrien is gay? (goes to motive)

 

[Information Analyst]

Panorama have done a couple of good specials on the case, with the most recent backing the theory that the money was for a surprise helicopter flight, being arranged by the go-between, who figured the Dewanis were therefore worth setting up for a robbery. The contract killing angle just doesn't stack up, not least because the taxi driver's supposed cut was less than his monthly salary earnings.

 

[Octavo]

The plus for the Cape Town police and tourist office would be the killing would not be the result of endemic crime that might drive tourists away but rather an exotic and unusual professional hit. And there may be a drop of confirmation bias in there somewhere too.

Dammit, stop destroying my preciously held convictions that this is the land of milk and honey!

I would just note a few things:

a) All three of the murderers were in fact convicted and all three got pretty lengthy sentences. Tongo got an effective 18 years.

b) Tongo was the taxi driver. That does not imply he owned the Taxi. The taxi's being referred to here are what we call mini-buses. Some are owner-driven, but very few. Most of the drivers work for someone who might own several taxi's. They do not make a lot of money.

R15 000 for someone like that is a fortune in a country where 35% of the population is unemployed and his take-home income from doing tours is probably around R3000 - R5000 a month.

 

[Information Analyst]

In fact, this may be one of the main reasons many South Africans believe he is guilty. He initially promised police that he would return if he was required to do so and was allowed to leave. Since charges were filed he has fought tooth and nail on pretty flimsy grounds that he is too traumatized to stand trial in SA. Sounds more to me like he knows what he did and that its likely he'll be convicted if he returns.

He was probably willing until he found out that there are no jury trials in SA.

 

[Octavo]

Panorama have done a couple of good specials on the case, with the most recent backing the theory that the money was for a surprise helicopter flight, being arranged by the go-between, who figured the Dewanis were therefore worth setting up for a robbery. The contract killing angle just doesn't stack up, not least because the taxi driver's supposed cut was less than his monthly salary.

OK, please, please cite for that.

I find that incredibly difficult to believe. A Taxi driver making in excess of R15k per month? That's very definitely a white-collar, office salary. Not that of a taxi driver.

 

[Information Analyst]

R15 000 for someone like that is a fortune in a country where 35% of the population is unemployed and his take-home income from doing tours is probably around R3000 - R5000 a month.

The money was supposedly split three ways; Tongo's cut was between a third and a half of his usual monthly earnings. How is that a "fortune"?

 

[Information Analyst]

OK, please, please cite for that.

BBC Panorama of 19 September 2013.

I find that incredibly difficult to believe. A Taxi driver making in excess of R15k per month? That's very definitely a white-collar, office salary. Not that of a taxi driver.

That's because you're confusing the supposed total of the "contract" with Tongo's supposed cut of it, which was R5,000 although he claims he only got R1,000. We can infer that he usually earned R10,00-15,000 max. For someone bussing wealthy tourists around, that doesn't sound so outrageous.

 

[anglolawyer]

Here is a fair slew of articles about the case. Obviously all of the more recent articles refer only to the extradition hearings. anglolawyer, you are correct that he's facing iminent extradition, but AFAIK, he has appealed to the UK supreme court and rumours about that if that fails, he will approach the European Union courts.

http://www.news24.com/Tags/People/shrien_dewani

In fact, this may be one of the main reasons many South Africans believe he is guilty. He initially promised police that he would return if he was required to do so and was allowed to leave. Since charges were filed he has fought tooth and nail on pretty flimsy grounds that he is too traumatized to stand trial in SA. Sounds more to me like he knows what he did and that its likely he'll be convicted if he returns.

I'm willing to be convinced that he is in fact innocent, and perhaps I'm misremembering the facts of the case, but didn't at least 2 of the convicted killers implicate Shrien during their confessions?

Is there any evidence to support the rumour the Shrien is gay? (goes to motive)

First, you may well be right about further appeals.

Second, if I were faced with the prospect of spending months waiting trial in a South African jail I would resist extradition guilty or innocent. Who would want to be raped, beaten up and contract AIDS? I don't know why he can't have bail like Oscar. I guess that cannot be determined by the extraditing court and the shared assumption in the proceedings so far has been that he would be in custody pending trial. That sufficiently explains (to me) his resistance to extradition.

Third, his symptoms do seem to be genuine and he may well be unfit to plead. I say this based on reading various judgments in the case already handed down in the course of the extradition process.

I think only Zola Tongo (taxi driver) had any direct dealings with him so he is the only direct witness against Shrien.

I have not seen any evidence about him being gay (as distinct from rumour) but even if he were I would not regard it as much of a motive.

Like you, I am willing to be convinced too. The texts he is supposed to have exchanged from the back of the cab as they drove into the township might do it - except it looks like there aren't any. I would certainly need a heck of a lot more than Tongo's word to be satisfied in this case.

 

[anglolawyer]

Anyone who wants to bone up on the judgments so far in the extradition process can read here.

 

[Tanja]

Speaking entirely from memory, I thought that a piece of evidence that was damning for Dewani was that he met up with the taxi driver after the murder to hand him over some money, and this was captured on CCTV?

 

[Information Analyst]

Speaking entirely from memory, I thought that a piece of evidence that was damning for Dewani was that he met up with the taxi driver after the murder to hand him over some money, and this was captured on CCTV?

It's only "damning" if you believe the money could only ever have been for the supposed hit, as opposed to - say - the pre-arranged fee for setting up the surprise helicopter flight*, which obviously didn't go ahead.

* There is CCTV footage at the go-between's workplace, where his colleagues are clearly asking him about the helicopter flight.

This seems to be the full programme - the "helicopter" CCTV is at around 27:00:



Obviously the comments are funll of ranty nonsense, e.g. the "billionaire" Dewani somehow managed to bribe the BBC to make the programme!?!?!

 

[anglolawyer]

Speaking entirely from memory, I thought that a piece of evidence that was damning for Dewani was that he met up with the taxi driver after the murder to hand him over some money, and this was captured on CCTV?

That's right. He paid him R1,000 in a room in the hotel. CCTV has the two of them going in but doe snot capture them inside. Dewani enters with a carrier bag and Tongo leaves with it. I don't know how anybody knows the amount but I understand it to be accepted it was just R1,000 which is about £100.

The really weird thing about this is that it is supposed to tie in with the original agreement that the price was R15,000. One of the robbers' evidence was that they ended up with only R14,000 and we are supposed to believe this trip was to collect the balance. That was very big of Tongo! There is, however, zero evidence of his collecting his or Mbolombo's cut. How come? How, by what means and when were they going to get paid? I can find no reference to this in the description of the deal but it ought to be there. Oh and by the way, the robbers did take some of her jewellery so Shrien should have been freaking out at Tongo about that as the deal, as described, was R15,000 only.

My own theory is this was his taxi fare which Shrien felt honour bound to pay. Why the carrier bag I have no idea, but the payment was made in a public room in the hotel in the presence of at least one other.

 

[Octavo]

BBC Panorama of 19 September 2013.

That's because you're confusing the supposed total of the "contract" with Tongo's supposed cut of it, which was R5,000 although he claims he only got R1,000. We can infer that he usually earned R10,00-15,000 max. For someone bussing wealthy tourists around, that doesn't sound so outrageous.

With respect, your inference has no basis in fact and that salary does sound outrageous. I actually live here and know how much things cost. If the average salary for taxi drivers in CT is R10k per month, I should give up my job and start driving taxi's.

I very much doubt that the taxi driver made more than about R5k per month, if that.

 

[Information Analyst]

With respect, your inference has no basis in fact and that salary does sound outrageous.

Your outrage seems to be aimed at simple mathematics. My inference is based on the programme stating he supposedly got R5,000 as his share of the "contract," and that that was between a third and a half of his usual earnings. I've provide a link to the programme, which you are obviously free to watch.

I actually live here and know how much things cost. If the average salary for taxi drivers in CT is R10k per month, I should give up my job and start driving taxi's.

What makes you think Tongo was an "average" taxi driver? HE was self-evidently serving the airport and high class hotels. Even in the UK that's known to be high value work for taxi drivers.

I very much doubt that the taxi driver made more than about R5k per month, if that.

So even then you think someone with a steady job would be willing to risk it and be involved in murder for a month's salary? Are South Africans so easily corruptible?

 

[Information Analyst]

OK, it's from the Daily Mail, but...

"Question 7: How significant was the sum paid to Tongo?

Tongo was employed as a full-time driver by Platinum Escape Tours company at the time of the hijacking. Company boss Christo Jansen van Vuuyren says he paid Tongo R5,000 (£445 at the time) a month, but adds that he would have earned extra in tips, perhaps as much as R2,000 (£178). Contrary to company policy, Tongo also moonlighted as a taxi driver in his own VW Sharan.

Van Vuuren says Tongo might have earned another R2,000 a month from his moonlighting work, meaning that he could have earned as much as R9,000 (£801) a month in total. So his share of the R15,000 (£1,335) it is alleged he was paid to arrange the killing would have been the equivalent of around two weeks’ work." [source]

This does, of course, run contrary to Octavo's disbelief that Tongo a) owned his own vehicle, and b) earned what he did.

 

[Tanja]

It's only "damning" if you believe the money could only ever have been for the supposed hit, as opposed to - say - the pre-arranged fee for setting up the surprise helicopter flight*, which obviously didn't go ahead.

To me, that whole side of the story about a helicopter flight booking makes even less sense. One of the main rules of travelling in a country that has high crime and poverty is to book trips through reputable travel agencies, of which there are plenty in South Africa, and not to flash your cash to strangers. Booking a helicopter flight by passing over lots of cash to a taxi driver I just met couple of days ago makes no sense to me whatsoever.

Also, if my beloved partner was murdered couple of days before, and the taxi driver was present at the scene of crime even after I was kicked out of the car, no I wouldn't dream of meeting him in the hotel and giving him lots of money for a down payment for a trip that would never take place. In the unlikely case that I would even think about paying him, I'd do with the police present or via solicitors, but probably not at all.

So, no I have no evidence, clearly - I only read what I read in the press - but I still consider that CCTV footage very damning.