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Dewani Trial


myol'man

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So.. his sexuality has been thrown out as evidence that the prosecution can use.

I just don't get how the SA legal system works. How can his sexuality be inadmissible when that is very likely what provoked (allegedly) the idea of a hijacking and murder of his wife.

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I just don't get how the SA legal system works. How can his sexuality be inadmissible when that is very likely what provoked (allegedly) the idea of a hijacking and murder of his wife.

You only have to look at the farce of Pistorious' trial to sum up the SA legal system. I know ours has its flaws but..!

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I just don't get how the SA legal system works. How can his sexuality be inadmissible when that is very likely what provoked (allegedly) the idea of a hijacking and murder of his wife.

His sexuality would probably not be admissible as evidence here. It's circumstantial at best and while it potentially gives him motive, you'd essentially be arguing that "he killed her because he's gay" (presuming his sexuality is submitted as direct evidence of his culpability), which aside from being morally abject, is legal nonsense
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His sexuality would probably not be admissible as evidence here. It's circumstantial at best and while it potentially gives him motive, you'd essentially be arguing that "he killed her because he's gay" (presuming his sexuality is submitted as direct evidence of his culpability), which aside from being morally abject, is legal nonsense

Is his sexuality circumstantial when he has admitted using male prostitutes?

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Is his sexuality circumstantial when he has admitted using male prostitutes?

Er.... Yes? How does him using male prostitutes indicate that he would have engaged in a half-baked plot to have his wife killed? His sexuality may give him motive, but he isn't disputing the fact that he has paid for sex with men. That on its own may contribute to establishing motive, but is not in any way evidence of guilt in itself. To be honest, if the prosecutions case rests on pointing out that he liked to hire male prostitutes, I'm not sure it'll stand up to legal scrutiny
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Does the fact he was browsing male pick up websites 2 days AFTER his wife's death not suggest he was hardly upset about her being dead?

Yep, but again; it is nothing more than circumstantial evidence of his involvement in her death. It should be pointed out that if he was browsing female pick up websites the inference would be exactly the same
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Completely agree. It's more about would he have been that devastated about his wife being murdered, if he was browsing any type of site to pick up a sexual partner 2 days after she had died. That doesn't sound like someone upset to me.

Exactly, so his sexuality becomes irrelevant and hence why it isn't being discussed by the courts (which I don't think was your argument at all, just linking all the discussion together!)
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Does the fact he was browsing male pick up websites 2 days AFTER his wife's death not suggest he was hardly upset about her being dead?

 

This i think was the crux of the prosecution argument is that he is gay not bi, it was a sham marriage, she sussed that he wasn't interested in her and wanted out, this would've brought great shame on his family which he desperately wanted to avoid so desperate he plotted to have her killed.

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This i think was the crux of the prosecution argument is that he is gay not bi, it was a sham marriage, she sussed that he wasn't interested in her and wanted out, this would've brought great shame on his family which he desperately wanted to avoid so desperate he plotted to have her killed.

 

Not followed it that closely, but how does browsing those websites prove he is gay or bi?

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Not followed it that closely, but how does browsing those websites prove he is gay or bi?

 

That's possibly the reason citing it as evidence he was bi/gay was thrown out.

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This i think was the crux of the prosecution argument is that he is gay not bi, it was a sham marriage, she sussed that he wasn't interested in her and wanted out, this would've brought great shame on his family which he desperately wanted to avoid so desperate he plotted to have her killed.

That's my take as well. I

That said I have very little faith in the SA legal system after the Pistorious sham verdict.

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The reports that I have read say that it wasnt provoked by her but by the prosecution team. Where did you read or hear that she got the court to applaud?

Oh on Twitter, so maybe it wasn't the case

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