The most detailed account yet of Anni Dewani’s last moments emerged on Wednesday in a bail application by one of the men accused of her murder.
Mziwamadoda Qwabe (25) who has been in custody since his arrest in November last year, is seeking to be released on surety of R1 000.
He has made a statement to police, and though the statement — which he claims he made after being assaulted — has not been made public, the Wynberg regional magistrate hearing his bail bid was on Wednesday handed an affidavit outlining its contents.
In the affidavit, investigating officer Captain Paul Hendrikse of the Hawks said a “very cooperative” Qwabe had stated after his arrest that he wanted to tell the truth and would make a confession “out of his own free will”.
In the confession, Hendrikse said, Qwabe had told how he agreed to take part in a staged hijacking and robbery, and how he and co-accused Xolile Mngeni “hijacked” the Dewanis’ hired vehicle in Guguletu on the night of November 13.
They let the driver, their co-conspirator Zola Tongo, go after he told them where to find the money they had been promised — behind the front passenger seat.
They drove off, stopped to let Shrien out — but not Anni — then carried on with Qwabe at the wheel.
‘A single shot’
“[Qwabe said] that while he was driving he heard a single shot. That he got scared and nervous and parked the vehicle at the side of the road in Litha Park,” Hendrikse said.
“That he got out and saw Mngeni looking for the bullet and that he [Qwabe] found the casing and threw it in a drain while they were running away; and that Mngeni brought the firearm to him the following day.”
Hendrikse said that the day after Qwabe made the statement, he formally pointed out the crime scene to police, who recovered a cartridge and, acting on his information, a firearm.
Both were linked ballistically to the murder.
Hendrikse said another conspirator, middleman Monde Mbolombo, who would be a state witness in the eventual trial, told police that Qwabe remarked after the killing that Tongo was supposed to have paid them R15 000 but paid them only R10 000.
Qwabe had wanted Mbolombo to phone Tongo and get the other R5 000.
Hendrikse said Qwabe was arrested for attempted murder in August 2009 after using his licensed firearm to shoot “an individual”.
Weapon linked
That weapon had been ballistically linked to the 2009 shooting, and Qwabe had been identified as the shooter by the victim’s brother.
The case was provisionally withdrawn in court on March 23 last year for the police to conduct further investigations.
“To date this further investigation has not yet been conducted but I have referred the matter to the head of the DPCI [the Hawks] to ensure that the docket receives proper attention,” Hendrikse said.
“Although the matter w[a]s withdrawn and is yet to be enrolled, Mr Qwabe’s conduct is indicative of a person with a violent streak.” He said Qwabe was not assaulted in his presence, and he was not aware of any allegation that Qwabe had made against any specific police officer.
Earlier, Qwabe told the court he had been assaulted at the Hawks offices in Bellville, and had made a statement to the Independent Complaints Directorate.
“I know the person who assaulted me and I can also point him out … he assaulted me in front of other people,” he said.
However he refused to give details of the assault, of an alibi he said he had, or to discuss the allegations against him, saying merely he would plead not guilty to all charges.
“I won’t answer that because it’s part of the merits of the case,” he said repeatedly in answer to questions from prosecutor Adrian Mopp.
No comment
Mopp told him the state had a witness who said he gave Qwabe and “Watti” (Mngeni’s nickname) a lift to the corner of NY112 and NY114 streets in Guguletu on the night of November 13 “and you told this gentleman you were going to meet friends who were travelling from Somerset West”.
“I won’t comment as those are the merits of the case,” said Qwabe.
Tongo, who is serving an 18-year jail sentence after a plea agreement with the state, told investigators he had arranged to meet the hitmen in Guguletu after taking the Dewanis to a restaurant in Somerset West.
Qwabe told the court he earned money from helping his mother sell meat, and had three children, aged two months, 10 months and two years, all by different mothers, to support.
He could afford bail of R1 000, he said.
He faces charges of murder, kidnapping and robbery with aggravating circumstances. Charges of illegal possession of a firearm and ammunition were added on Wednesday.
“The state has a very strong case, an overwhelming and compelling case, against you sir,” said Mopp at one point.
Magistrate Gavin du Plessis postponed the hearing to February 25 for argument and a possible ruling.
Mngeni has not applied for bail; Shrien Dewani, who has protested his innocence, is facing extradition from the United Kingdom. — Sapa