News agency, Cape Town, South Africa
Wednesday August 22nd 2018

Subpoena issued for defence witness in Dewani trial

Qalisile Dayimani at the Western Cape High Court with murder accused Xolile Mngeni (on the backhround) looking down. Photo: Sandiso Phaliso/WCN

25.10.2012

A subpoena has been issued for a witness accused Xolile Mngeni’s defence team believe would testify that Mngeni was not at the scene of Anni Dewani’s murder or apparent hijacking on the night of November 13, 2010.

This emerged today when Mngeni’s defence team was unable to bring the witness to the Western Cape High Court.

The defence witness, who is only known as ‘Smally’, is believed to be the girlfriend Mngeni claims he spent the night with when Swedish bride Anni Dewani was killed while on honeymoon with her husband Shrien Dewani.

Mngeni has testified that he was in the company of his then girlfriend ‘Smally’ on the night in question, having spent the whole night with her at her friend’s house.

‘Smally’ is one of three witnesses the defence intends to call to the stand.

Mngeni this week took the stand and denied that he hijacked, kidnapped, robbed and killed Anni Dwani.

This is contrary to convicted murderer Mziwamadoda Qwabe’s claim that he acted in concert with Mngeni and that Mngeni was the one who pulled the trigger.

Yesterday presiding Judge Robert Henney waited over three-hours for defence representative Qalisile Dayimani to track down ‘Smally’ and bring her to court to testify.

Although the court had adjourned just after 11am to allow time for Dayimani to track her, by 14:35 Dayimani told Henney ‘Smally’ would only be able to come to court on Monday.

Asked by Henney whether ‘Smally’ knew she would have to come and testify, Dayimani responded: “not in so many words your worship.”

“We mentioned (to Smally) she would have to come either tomorrow or Monday,” said Dayimani.

Henney suggested that a subpoena be issued to get ‘Smally’ to court.

“We are confident we would have the witness on Monday.  We would facilitate the serving of the subpoena,” said Dayimani. – Sandiso Phaliso

Tags: Anni Dewani, Judge Robert Henney, Qalisile Dayimani, Shrien Dewani, Xolile Mngeni

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