Murder of Anni Dewani

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Anni Dewani
Anni Dewani.jpg
Born Anni Ninna Hindocha
(1982-03-12)12 March 1982
Mariestad, Sweden
Disappeared 13 November 2010 (aged 28)
Gugulethu, South Africa 33°58′42″S 18°34′26″E / 33.97833°S 18.57389°E / -33.97833; 18.57389 (Abduction)
Cause of death Gunshot to neck
Body discovered Lingelethu West, South Africa 34°03′01″S 18°39′23″E / 34.05028°S 18.65639°E / -34.05028; 18.65639 (Body found)
Residence Westbury-on-Trym, Bristol, England
Nationality Swedish
Ethnicity Indian
Occupation Engineer
Religion Hindu

Anni Ninna Dewani (née Hindocha; 12 March 1982 – 13 November 2010) was a Swedish woman of Indian origin who, while on her honeymoon in South Africa, was murdered in Gugulethu township near Cape Town, after the taxi in which she was travelling was carjacked. South African prosecutors thought this was a kidnapping and murder for hire.

Taxi driver Zola Robert Tongo pleaded guilty to the charges of kidnapping, robbery with aggravating circumstances, murder and obstruction of the administration of justice, in accordance with a Section 105A plea bargain, and was sentenced on 7 December 2010 to 18 years in jail.[1] Mziwamadoda Qwabe pleaded guilty to murder in August 2012 and was sentenced to 25 years in prison in accordance with a Section 105A plea bargain.[2] Xolile Mngeni, 23, was convicted of murder on 19 November 2012, and sentenced to life in jail.[3] In July 2014, it was confirmed that a medical parole application had been made for Mngeni who was terminally ill with a brain tumour.[4][5] He was denied parole,[6] and died in jail on 18 October 2014.[7]

In his plea bargain agreement, Zola Tongo said that Anni's husband had offered R15,000 to have his wife killed.[8][9] Following an application by South African authorities, Senior District Judge Howard Riddle ruled in August 2011 that the husband could be extradited to face charges in relation to the murder. The extradition order was approved by Home Secretary Theresa May on 28 September 2011. A High Court ruling of 30 March 2012 put the extradition on hold, based on expert witness opinion of the husband's mental health and prospects for recovery.[10] The husband continued to state his innocence, and his family described the allegations of Tongo as "totally ludicrous".[11]

Following a long legal battle, in January 2014, the English High Court of Justice rejected the plea against extradition to South Africa,[12] and he was extradited to South Africa on 7 April 2014 and taken to court on 8 April 2014.[13] The cost of the extradition to British taxpayers was £250,000.[14]

The began on 6 October 2014. On 24 November 2014, subsequent to the closure of the prosecution case, the husband's counsel argued for the trial to be halted and charges dismissed pursuant to Section 174 of the Criminal Procedure Act, citing a lack of any credible evidence linking the husband to the crime.[15][16] On 8 December 2014, the Western Cape High Court granted the application and dismissed all charges against the husband.[17][18]

Background[edit]

Anni Dewani[edit]

The Hindocha family, Hindus living in Uganda, were forced to leave the country in the early 1970s after ruler Idi Amin expelled all Asians living there. Granted residence in Sweden in 1975, they settled in Mariestad, where they started their own company and where their daughter Anni was born and raised. After studying electrical engineering at the Gävle University College from 2002 to 2006, she worked at Ericsson and lived in Stockholm.[19] 6 months after her death, in a Hindu ceremony described as "simple but moving", her family scattered her ashes in her favourite area of the Vänern lake.[20][21]

Marriage[edit]

Anni Hindocha visited her cousin Sneha in Luton, Bedfordshire, England, in 2009, and met her husband through mutual friends. Their first formal date was to watch The Lion King at the Lyceum Theatre in London's West End, and they then alternated their weekend meetings between Bristol and Stockholm. After gaining permission from her family, her suitor proposed to Anni at the Hôtel Ritz, Paris, in June 2010, with a £25,000 diamond engagement ring balanced on a red rose.[22] Shortly afterwards, Anni moved to Bristol to be with her fiancé. Under her maiden name, in 2010 Anni entered Bristol's Top Model competition.[19] The couple married at the Lake Powai resort outside Mumbai, India, on 29 October 2010.[23] 500 guests attended the traditional three-day Hindu marriage event.[24] They were planning a civil ceremony that would take place in the UK in 2011, for friends who could not attend the Indian ceremony.[22]

Robbery, kidnapping and murder[edit]

After landing at Cape Town International Airport on 7 November 2010, the couple took an internal flight, and stayed for four nights at the Kruger National Park.[25] On 12 November, the couple returned to Cape Town International Airport, where they met and engaged taxi driver Zola Tongo to drive them to the five-star Cape Grace hotel.[26]

On 13 November, having retained Tongo as a tour guide the couple were driven through the city in Tongo’s VW Sharan into Gugulethu to drive past a BBQ restaurant (Mzolis) and on to dinner at Surfside restaurant in Strand. After dining at the restaurant in Strand, Tongo drove the couple back into Gugulethu. Shortly after turning off the main road the vehicle was hijacked by two armed men. After driving a short distance, Tongo was ejected from the taxi.[27][28]

After driving for a further 20 minutes or so and after having been robbed of his money, wallet, designer watch and mobile phone, her husband was also ejected from the vehicle.[29] He then met a person on the street, who assisted him in calling the police.

At 07:50 on the morning of 14 November, Anni Dewani was found dead inside the back of the VW Sharan in Lingelethu West.[30] She had suffered a single gunshot wound to her neck inflicted by a copy of a TT pistol in 9mm calibre.[31] Police later confirmed that Anni's Giorgio Armani wristwatch, a white-gold and diamond bracelet, her handbag and her BlackBerry mobile phone were missing and assumed stolen.[32][33]

The estimated value of all items stolen during the armed robbery was R90,000.[34]

Post-mortem examination, repatriation and cremation[edit]

Anni Dewani's body was taken to Cape Town hospital. The post-mortem examination revealed bruising on Anni’s inner leg indicating a struggle.[35] It also indicated that Anni died from a single gunshot that passed through her hand and neck, severing an artery. There was no sign of sexual assault.[36]

On 17 November, Anni Dewani's body was released by the South African authorities and returned to the United Kingdom on a British Airways flight, accompanied by her husband. She was cremated[37] in London[38] in a traditional Hindu ceremony on 20 November.[38] Her ashes were scattered into a lake close to her home town of Mariestad in Sweden.[39]

Investigation[edit]

The high-profile case was given to the Police Hawks investigation unit, led by Captain Paul Hendrikse.[40] On 17 November, the South African police arrested Xolile Mngeni followed two days later by the arrest of Mziwamadoda Qwabe and taxi driver Zola Tongo.[41] All three were charged on 20 November with aggravated robbery, kidnapping and the murder of Anni Dewani.[11] On the same day, police began briefing local South African media that the shooting was a "planned hit," after they had arrested a fourth man, who had acted as an intermediary between Tongo and the two kidnappers.[40] They also asked the husband to return to South Africa to attend an identity parade.[11][42]

Ashok Hindocha, Anni's uncle and a spokesman for the Hindocha family, voiced his concerns about the investigation, asking South African police to investigate the murder further.[11]

On 25 November, the husband's brother issued a statement saying that his brother was afraid that he would be wrongly blamed for the murder in order to save the reputation of South Africa, to protect tourism revenues.[11] Max Clifford later said that the husband was heavily sedated and being watched by doctors, was not a suspect in the murder, and had not been asked to return to South Africa. South African prosecutors later confirmed to local press that the husband was not a suspect.[11]

On 19 February 2011, the Sunday Telegraph revealed evidence uncovered by the husband's investigation team that had found a new witness to the murder. Not yet interviewed by the police, the female student, who lived less than 100 feet (30 m) from the location of where the VW Sharan taxi was found, stated that she noted at 08:00 that Anni Dewani's underwear was below her knees and her dress pulled up. Further, the post-mortem report stated that there were a number of dark bruises on Anni's legs, consistent with "finger mark" grips. Consistent with evidence from previous official reports of the positions of her hands, the article concluded that a possible outcome was that Anni was shot whilst trying to defend herself against a rape attack.[43]

On 3 December, Xolile Mngeni and Mziwamadoda Qwabe via their lawyers claimed that they were physically assaulted by police.[11] The husband's South African lawyer, Billy Gundelfinger, then withdrew from the pending case against the three arrested suspects,[44] and soon afterwards dropped the husband as a client.[45]

Zola Tongo's version of events[edit]

On 7 December, appearing in the Western Cape High Court under a plea bargain arrangement, Zola Tongo said that Anni Dewani was "murdered at the instance of her husband," after her husband had offered him £1,300 (15,000 rand) to have his wife killed. Max Clifford in a press release to British media, on behalf of the husband and the Dewani family, stated that the claims made by Tongo have "absolutely no substance".[11] Outlining both the terms of Tongo's plea bargain and the state's case, state prosecutor Rodney de Kock told Judge President John Hlophe that the hijacking was a murder for hire.[46] De Kock confirmed that Tongo, who had been pre-booked by the husband's personal assistant,[47] had driven the couple from Cape Town International Airport to the Cape Grace hotel on Friday, 12 November. After their arrival, Tongo alleged that he and the husband had a conversation in the hotel lobby.[46]


Husband's statements[edit]

At the beginning of his 2014 trial, her husband offered a plea explanation.[48]

He said that:

- upon reaching the Cape Grace hotel on their night of arrival in Cape Town, he asked for Zola Tongo's assistance in planning a surprise helicopter ride for him and his wife

- this helicopter ride was the reason why he was carrying R10,000 with him the following evening when the crime occurred, and was also the reason why so many calls and texts existed between him and Tongo

- after dining in Strand, Zola Tongo and Anni Dewani had a conversation about what sights they might like to see, with Tongo making suggestions and Anni responding

- Anni was keen to visit Gugulethu a second time, having been briefly driven into the township by Tongo prior to dinner.

- the Dewanis agreed that Tongo should drive them into Gugulethu

- the hijacking then took place

- he was forced to exit the vehicle at gunpoint, leaving Anni inside with the hijackers

- in the aftermath, believing Tongo to be an innocent victim who had lost his vehicle, he felt sorry for him and decided to pay him the R1000 that had been agreed for taxi services on the night of the hijacking. This sum was paid to Tongo in an envelope, along with a "thank you" card in the communications room of the Cape Grace Hotel.


Media coverage[edit]

In South Africa, media coverage in the case was high from the discovery of the body. With an economy reliant on the influx of tourists, tour operators reported an immediate drop in bookings, as potential visitors were made aware of the country's high murder rate: on average, 46 per day. Secondly, concern was expressed at many levels that the killing would negate the goodwill resulting from the 2010 FIFA World Cup.[49] The assignment of the Police Hawks team and the early arrests, conviction and statement implicating the husband only added further fuel to media coverage.[50][51][52]

BBC Panorama[edit]

An investigation by the BBC Panorama series in March 2012 reported that the original South African post-mortem report showed that the single bullet actually passed through Anni's left hand, followed by her chest and the wound on her neck was actually an exit wound. The report said the bullet left what it called "an irregular gunshot exit wound, " which suggested that there had been some sort of struggle.[53] A second Panorama programme in September 2013 revisited the case, and highlighted numerous inconsistencies between the physical evidence, witness testimony, and the South African prosecutors' purported version of events. In particular it noted that the forensic evidence was not properly collected, but what was pointed to was an accidental discharge in a struggle, rather than a deliberate killing. In addition, while Tongo's supposed cut of the fee for the killing was between only a half and third of his usual monthly salary, the two gunmen made substantially more from the theft of the Dewanis' belongings than the value of the "contract". The programme also showed CCTV evidence that supported the idea that what was being arranged between the taxi driver and the intermediary on behalf of the husband was a surprise helicopter flight for Anni, this being what the money he changed on the morning of the murder was actually for.[54][55]

Plea Bargains[edit]

Mziwamadoda Qwabe[56] and Zola Tongo[34] were offered reduced sentences[57] in exchange for guilty pleas and truthful testimony against the husband. These plea deals were granted in accordance with Section 105A of the Criminal Procedure Act.

Monde Mbolombo was granted full immunity from prosecution, in exchange for his truthful testimony against the husband. This plea deal was granted in accordance with Section 204 of the Criminal Procedure Act [17]

Conviction and sentencing of Zola Tongo[edit]

On 7 December 2010 Zola Tongo appeared in the Western Cape High Court and in accordance with his plea deal under Section 105A of the Criminal Procedure Act, pleaded guilty to the armed robbery, kidnapping and murder of Anni Dewani, crimes that he alleged were at the behest of her husband.

According to the terms of his Section 105A agreement, Tongo was sentenced to 18 years in prison, contingent on him testifying truthfully against the husband in any future legal proceedings.[34]

Tongo was expected to give evidence in the trials of Mngeni and Qwabe in 2011 and 2012. Qwabe avoided trial by pleading guilty pursuant to a Section 105A plea deal. Tongo was not called as a witness at Mngeni’s trial in 2012.

Tongo is currently serving his 18-year sentence in Malmesbury prison,[58] and will be eligible for release in 2019.

Conviction and sentencing of Mziwamadoda Qwabe[edit]

In pre-trial hearings on 18 February, at Wynberg Magistrates Court, the lawyer for Mziwamadoda Qwabe laid out the case for court's inability to give his client a fair trial.

Thabo Nogemane said: "I am instructed that some unknown police officer assaulted him by means of a big torch. He was hit all over his body. He said the statement was a suggestion put to him by the police. They already had the allegations so they told him: 'Just sign here.' I wouldn't refer to it as a confession, just a statement." Mngeni's lawyer, Vusi Tshabalala, stated that his client had been suffocated with a plastic bag before signing a statement admitting his involvement in the killing, further suggesting police resorted to "irregular methods" because of the pressure they were under to solve the high-profile case.[59]

According to the terms of his Section 105A agreement, Qwabe was sentenced to 25 years in prison, contingent on him testifying truthfully in future legal proceedings relating to the case.

Qwabe will be eligible for release in 2027.[56]

Trial of Xolile Mngeni[edit]

The start of Mngeni's trial was delayed, and on 13 June 2011, it was announced that Mngeni had had brain surgery to remove a tumour.[60]

Despite having admitted to his role in the robbery and kidnapping of Anni Dewani in a videotaped confession, Mngeni pleaded "not guilty" at the start of his 2012 trial, claiming that he had an alibi and was not at the scene of the crime.

Mngeni’s lawyers argued that his initial confession should be ruled inadmissible as evidence because it was allegedly extracted using torture. Justice Robert Henney ruled against Mngeni and said that the confession was admissible.[61]

Before testifying in the Mngeni trial, key witness Monde Mbolombo read out a prepared statement confessing to lying in his two previous affidavits and promised to tell the truth when testifying. 2 years later in the husband's trial, he admitted lying whilst testifying in the Mngeni trial.[35]

On 19 November 2012, Mngeni was convicted of murder and was ruled to have been the person who shot Anni Dewani.[62] He was sentenced to life in jail.

In July 2014, it was confirmed that a medical parole application had been made for Mngeni who was terminally ill with a brain tumour.[4][5] He was denied parole,[6] and died in jail on 18 October 2014.[7][63][64]


References[edit]

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