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Anni Dewani’s taxi driver may be free in five years due to plea bargain Anni Dewani’s taxi driver may be free in five years owing to plea bargain
(35 minutes later)
The South African taxi driver who helped murder Anni Dewani is likely to walk free from prison in five years’ time – 16 years earlier than he would have done had he not cooperated with Shrien Dewani’s prosecution, a court heard on Wednesday. The South African taxi driver who helped murder Anni Dewani is likely to walk free from prison in five years’ time – 16 years earlier than he would have done had he not cooperated with Shrien Dewani’s prosecution, a court has heard.
Providing he behaves in prison, Zola Tongo can expect to serve a total of nine years in jail from his conviction in 2010 for a crime which South African statute mandates as ordinarily deserving a minimum 25 year sentence. Providing he behaves in prison, Zola Tongo can expect to serve a total of nine years from his conviction in 2010 for a crime that normally carry a minimum 25-year jail sentence under South African law.
Tongo’s decision to cut a plea bargain deal with Dewani’s prosecutors means that instead of leaving prison in 2035, the killer driver is likely to walk out in 2019. His decision to cut a plea bargain deal with Dewani’s prosecutors was revealed in court on Wednesday as he testified against the British businessman who is accused of murder.
Zola Tongo’s substantial sentence discount was revealed in court as the taxi driver – whose evidence forms a key element of Shrien Dewani’s prosecution – testified against the British businessman who is accused of murder.
Tongo told how he decided to admit his guilt and cooperate with the police investigation into Anni Dewani’s husband for three reasons.Tongo told how he decided to admit his guilt and cooperate with the police investigation into Anni Dewani’s husband for three reasons.
“Firstly, what I did was wrong”, the 34-year-old told Cape Town’s high court. “Secondly, because I was a fool. Thirdly, I was misled”. “Firstly, what I did was wrong”, the 34-year-old told the high court in Cape Town. “Secondly, because I was a fool. Thirdly, I was misled.”
But Shrien Dewani’s defence barrister Francois Van Zyl suggested an alternative, less honourable motive.But Shrien Dewani’s defence barrister Francois Van Zyl suggested an alternative, less honourable motive.
Cross-examining the driver, Van Zyl said South African law dictates that anyone found guilty of the type of premeditated murder which Tongo admits committing should ordinarily be handed a life prison sentence by which they are only eligible for parole after 25 years.Cross-examining the driver, Van Zyl said South African law dictates that anyone found guilty of the type of premeditated murder which Tongo admits committing should ordinarily be handed a life prison sentence by which they are only eligible for parole after 25 years.
The prosecution’s decision to offer Tongo a plea bargain meant that in Tongo’s case, the court had been able to deviate from this minimum sentence, Van Zyl explained. The prosecution’s decision to offer a plea bargain meant that the court had been able to deviate from this minimum sentence in Tongo’s case, Van Zyl explained.
“In terms of your plea agreement you received 18 years”, the barrister told the driver. “When then would you become eligible for parole?” “In terms of your plea agreement you received 18 years. When then would you become eligible for parole?” asked Van Zyl.
“Halfway through”, Zola Tongo replied. “Halfway through”, Tongo replied.
“That is nine years?”, asked the barrister. “That is nine years?” asked Van Zyl.
“That is correct”, said Tongo. “That is correct,” said Tongo.
Anni Dewani was shot once in the neck after the taxi she and her husband of two weeks were travelling in was hijacked as it passed through Cape Town’s Gugulethu township on the evening of 13 November 2010.Anni Dewani was shot once in the neck after the taxi she and her husband of two weeks were travelling in was hijacked as it passed through Cape Town’s Gugulethu township on the evening of 13 November 2010.
The three South Africans who have admitted their involvement in the crime all did so under plea bargain or immunity deals by which they have personally benefitted, a fact that has led Dewani’s UK lawyers to claim that the Briton stands accused by criminals “with everything to gain and nothing to lose” by helping in the prosecution. The three South Africans who have admitted their involvement in the crime all did so under plea bargain or immunity deals by which they have personally benefitted, a fact that has led Shrien Dewani’s UK lawyers to claim that he stands accused by criminals “with everything to gain and nothing to lose” by helping in the prosecution.
In an apparent attempt to bolster this argument, defence barrister Van Zyl suggested that Tongo’s potential 2019 release date may be at risk if he does not continue to blame Shrien Dewani for Anni’s death. In an apparent attempt to bolster this argument, Van Zyl suggested that Tongo’s potential 2019 release date may be at risk if he does not continue to blame Dewani for Anni’s death.
“Should you testify for the state and if you should deviate from the statements you have made, may that impact on your parole do you think?”, Van Zyl asked the driver. “Should you testify for the state and if you should deviate from the statements you have made, may that impact on your parole do you think?” Van Zyl asked Tongo.
“No”, Tongo replied. “No”, he replied.
“I see. So you should not give evidence in line with the statement you have made you are seriously telling the court you don’t think that would impact on when you are allowed parole?” “I see,” the lawyer continued. “So you should not give evidence in line with the statement you have made you are seriously telling the court you don’t think that would impact on when you are allowed parole?”
“Everything depends on my behaviour in custody”, Zola Tongo countered. “Everything depends on my behaviour in custody,” Tongo replied.
Cape Town’s high court also heard this morning that Zola Tongo is kept in a single cell and has his own television set at Cape Town’s Malmesbury prison. Tongo is kept in a single cell and has his own television at Malmesbury prison near Cape Town, the court heard.
The case continues.The case continues.