Dewani could walk free

As prosecutor Adrian Mopp closed closed the State's case in the Western Cape High Court yesterday, Defence attorney Francois van Zyl indicated in that he intends bringing a Section 174 Application to have his client acquitted.

A Section 174 is an application in terms of the Criminal Procedure Act where the Defence asks the Court to find an accused person not guilty already at this stage without proceeding on to the Defence's case.

The application is due to be argued before Deputy Judge President Jeanette Traverso next Monday.

According to EWN the National Prosecuting Authority (NPA) has always said it had a strong case against Dewani, but speaking to 702's Xolani Gwala, Criminal Law expert William Booth said he wasn't surprised at the news...

The evidence presented thus far seems to be of a particular poor quality.

William Booth

Booth pointed out that the evidence of the three accomplices was crucial to the State's case - and that their testimony didn't come across particularly well, especially under cross examination.

They didn't testify in a particularly credible and reliable manner.

William Booth

Should the application not succeed, Dewani's legal team would need to decide whether to either put him on the stand, call more witnesses or simply close their case.

Shoud the Defence go the route of closing their case, the test would then be is the evidence beyond reasonable doubt - sufficient evidence based on which a reasonable person may convict.

Should the application succeed, Mr Dewani will be found not-guilty of the charges.

In terms of our Constitution there is no onus on Mr Dewani, he doesn't have to convince the court of anything!

William Booth

Listen to William Booth speaking to Xolani Gwala here...

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