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Shrien Dewani trial judge stops male prostitute from giving evidence Shrien Dewani trial judge stops male prostitute from giving evidence
(about 5 hours later)
The murder case against Shrien Dewani has suffered a serious setback after the trial judge stopped a male prostitute from giving evidence against him.The murder case against Shrien Dewani has suffered a serious setback after the trial judge stopped a male prostitute from giving evidence against him.
On Monday, the Birmingham-based escort, Leopold Leisser, had started to describe three sexual encounters with Dewani when the Briton’s barristers objected, saying the evidence was irrelevant. The British businessman is on trial in Cape Town accused of murdering his wife Anni on their honeymoon in South Africa in November 2010.
Judge Jeanette Traverso ordered that Leisser stand down until she had been provided with detailed legal argument explaining why she should allow his evidence. On Monday, the Birmingham-based escort, Leopold Leisser, had started to describe three sexual encounters with Dewani when barristers for the defence objected, saying the evidence was irrelevant.
This is the second time Traverso, Cape Town’s second most senior judge, has stepped in to prevent the Dewani prosecution from providing evidence about the British businessman’s bisexual nature. Judge Jeanette Traverso ordered that Leisser stand down until she had been provided with a detailed legal argument explaining why she should allow his evidence.
Two weeks ago, she stopped South Africa’s National Prosecuting Authority (NPA) from presenting the high court with sexually charged emails sent to Dewani from an older man about a year before the murder of Anni Dewani, the accused’s wife. This is the second time Traverso, Cape Town’s second most senior judge, has stepped in to prevent the Dewani prosecution from providing evidence about the British businessman’s bisexuality.
Two weeks ago, she stopped South Africa’s National Prosecuting Authority (NPA) from presenting the high court with sexually charged emails sent to Dewani from an older man about a year before the murder.
Reacting then to the NPA’s argument that the emails would prove that Dewani was “confused” about his sexuality, Traverso pointed out that the accused had admitted as much in his plea explanation to the court.Reacting then to the NPA’s argument that the emails would prove that Dewani was “confused” about his sexuality, Traverso pointed out that the accused had admitted as much in his plea explanation to the court.
Wearing a grey suit and red tie, Leisser spoke in a soft voice with a pronounced German accent as he took to the witness stand. He told the court that he was 43 and had moved to Britain in 2007. In 2009, he started a temporary job “working as a professional gay escort”. Wearing a grey suit and red tie, Leisser spoke in a soft voice with a pronounced German accent as he took to the witness stand. He told the court that he was 43 and had moved from Germany to Britain in 2007. In 2009, he started a temporary job “working as a professional gay escort”.
In an attempt to drum up business, Leisser created profiles on the Gaydar and Recon websites, he said. His Gaydar profile “was a commercial profile advertising escort services on which I offered role-play: a type of fetish of a sexual nature”, he said. In an attempt to drum up business, Leisser created profiles on the Gaydar and Recon websites, he said. His Gaydar profile “was a commercial profile advertising escort services on which I offered role-play: a type of fetish of a sexual nature,” he said.
Leisser said Dewani had paid him for sex on three occasions, the most recent being in April 2010, seven months before Anni’s death. Leisser saidDewani had paid him for sex on three occasions, the most recent being in April 2010, seven months before Anni Dewani’s death.
It was when the prosecutor, Adrian Mopp, asked Leisser what Dewani had said to him on this last occasion that François van Zyl, defending, objected, arguing that this line of questioning was irrelevant to the key issue of whether Dewani had murdered his wife.It was when the prosecutor, Adrian Mopp, asked Leisser what Dewani had said to him on this last occasion that François van Zyl, defending, objected, arguing that this line of questioning was irrelevant to the key issue of whether Dewani had murdered his wife.
Mopp countered that the escort’s evidence was relevant because the witness would make “certain disclosures” about the accused’s state of mind at the time the two men met.Mopp countered that the escort’s evidence was relevant because the witness would make “certain disclosures” about the accused’s state of mind at the time the two men met.
Traverso asked Mopp for more detail, saying: “Are you trying to say that because Mr Dewani was in two minds about whether to enter into a heterosexual marriage, that that proves anything in this case?”Traverso asked Mopp for more detail, saying: “Are you trying to say that because Mr Dewani was in two minds about whether to enter into a heterosexual marriage, that that proves anything in this case?”
Mopp replied that Leisser’s evidence would provide a “revealing context” to Anni’s murder and point towards a motive.Mopp replied that Leisser’s evidence would provide a “revealing context” to Anni’s murder and point towards a motive.
Anticipating the argument that the prosecution’s tactics might be considered homophobic, Mopp argued that had Dewani had liaisons with a female prostitute, he would still have introduced this evidence to court.Anticipating the argument that the prosecution’s tactics might be considered homophobic, Mopp argued that had Dewani had liaisons with a female prostitute, he would still have introduced this evidence to court.
Traverso seemed unconvinced. “It wouldn’t have been as sensational,” she told the lawyer. “And you wouldn’t have led it.”Traverso seemed unconvinced. “It wouldn’t have been as sensational,” she told the lawyer. “And you wouldn’t have led it.”
Anni was shot dead on the evening of 13 November 2010 when the taxi she and her husband were travelling in was hijacked in the dangerous Cape Town township of Gugulethu. Anni was shot dead on the evening of 13 November 2010 when the taxi she and her husband were travelling in was hijacked in the dangerous Gugulethu township near Cape Town.
Three of four South Africans convicted of being involved in the murder have claimed that the victim’s death had been planned and paid for by Dewani, 34.Three of four South Africans convicted of being involved in the murder have claimed that the victim’s death had been planned and paid for by Dewani, 34.
Dewani insists he is innocent. His defence has pointed out how much of the witness evidence against him was obtained by plea-bargain mechanisms, by which guilty men achieved reduced prison sentences in return for their cooperation with the prosecution.Dewani insists he is innocent. His defence has pointed out how much of the witness evidence against him was obtained by plea-bargain mechanisms, by which guilty men achieved reduced prison sentences in return for their cooperation with the prosecution.
The case continues.The case continues.