Shrien Dewani murder case dismissed by judge in Cape Town

British businessman Shrien Dewani has been cleared of the murder of his wife on a 2010 honeymoon in South Africa.

Judge Jeanette Traverso dismissed the case against Mr Dewani after condemning the evidence of the chief prosecution witness. Announcing her ruling, the judge said: “The accused is found not guilty of this charge.”

Giving her ruling in Cape Town, she said cab driver Zola Tongo’s claims about the murder of Anni Dewani were “riddled with contradictions” and “highly debatable”.

But to do so would be a “manifest misdirection”.The judge said the evidence presented by the prosecution fell “far below” the required threshold. She said the only reason not to grant the application would be in the hope that Mr Dewani would implicate himself if he gave evidence .

Mr Dewani was extradited from the United Kingdom this year to face trial accused of planning the murder of his wife.

She was shot in Cape Town in November 2010 after the taxi she was travelling in with her husband was hijacked as they passed through a township late at night.

Three men have already been convicted of their role in the killing.

Prosecutors say Mr Dewani, who is bisexual, wanted to leave the relationship and plotted for his engineer wife (28) to be killed in an apparent botched hijacking.

Mr Dewani (34) has always denied any involvement in the plot. He had been charged with murder, conspiracy to commit kidnapping, robbery with aggravating circumstances, kidnapping, and defeating the ends of justice.

His lawyers last month applied for the judge to dismiss the case — although they have refused to confirm if Mr Dewani would be free to return to the United Kingdom immediately.

Last week the family of Mrs Dewani — previously known as Anni Hindocha — begged her accused widower to ”tell the world what happened the night she died”.

Her brother Anish implored Mr Dewani him to take to the witness stand and tell his story for the first time.

Mr Dewani claims the couple were hijacked as Zola Tongo was driving them through Gugulethu in his minibus. He says he was released unharmed and his wife was driven away. She was found shot dead in the abandoned minibus in Khayelitsha the next morning.

The judge was scathing of chief prosecution witness, cab driver Zola Tongo, describing part of his evidence as “highly improbable”.

Tongo is already serving an 18-year jail term.

Ms Traverso said it was crucial for the state’s case to prove that he entered into an agreement with others to have Anni killed in 2010. Failing that, there would be nothing linking him to the crimes.

She said a defendant was entitled to be discharged if there was no possibility of conviction unless he entered the witness box and incriminated himself.

Tongo was the only accomplice witness she said, adding that such evidence should be treated with “caution”.

Tongo’s version needed to be corroborated specifically where it implicated the accused.

Details such as where he picked up and dropped off Mr Dewani and his wife did not provide corroboration for Tongo.

“It is what was said during these events which is an issue and for that there is only the version of Tongo.”

She said the same applied to phone calls between Tongo and Mr Dewani.

Mr Dewani met Tongo in the hotel after the killing. Giving evidence, the cab driver said it was “nonsense” that Mr Dewani bought him a thank you card and gave him cash out of pity for what the driver had endured.

Mziwamadoda Qwabe and gunman Xolile Mngeni have been convicted along with Tongo for their parts in the murder.

Qwabe is part-way through a 25-year jail sentence. Mngeni was serving life for firing the shot that killed Mrs Dewani, but he died in prison from a brain tumour.

The judge also raised questions about their evidence in her ruling.

The defendant, whose extradition was delayed after his was diagnosed with post-traumatic stress disorder, appeared to twitch and flinch at various points during the hearing.

His wife’s family were also in court to hear the ruling.