Anni Dewani murder inquest gets underway
The DPP was called upon to consider whether Mbolombo should face prosecution following Judge Jeanette Traveso’s decision in the Shrien Dewani matter not to grant Mbolombo indemnity.
Mbolombo was initially arrested but later provided the police with a witness statement after he was warned of the provisions of Section 204 of the Criminal Procedure Act. He subsequently testified in both the Dewani and Xolile Mngeni prosecutions.
Mbolombo was granted indemnity by Justice Henney at the conclusion of the Mngeni trial in December 2012. He did not therefore run the risk of being prosecuted when he testified in the Dewani matter in 2014. Judge Traverso warned Mbolombo of the provisions of section 2014 and refused him indemnity.
The DPP then considered the conflicting court rulings, the facts of the matter and whether a prosecution was warranted.
A statement explained that the DPP decided Mbolombo cannot be prosecuted for crimes in relation to the death of Anni Dewani on the basis that he has been discharged from prosecution with regard to those crimes by Henney J in S v Mngeni and this ruling remains valid despite Traverso DJP not granting him indemnity from prosecution.
Mbolombo has been informed.