advertisement
Question
Posted by: Lorraine | 2010/12/08

Dewani Case

Sentencing to 18 years so quickly? Does this mean he cannot be tried for the same crime again? If that''s the case, I am concerned. Why are all cases not judged so swiftly? Who is the real beneficiary here? I think we will be surprised if ALL of this story is ever told.

Not what you were looking for? Try searching again, or ask your own question
Our expert says:
Expert ImageCyberShrink

There was a plea bargain. This means that if you are accused of a serious crime and confess, saving the state all the expense of a trial, AND you can give valuable information and evidence leading to the prosecution and conviction of other people involved in the crime, the Prosecutors can decide to offer, as encouragement to do so, a lower sentence ( it often happens if you watch Law & Order on TV ! ). Refuse the deal, and you gamble on your chances in court where the sentence may be much higher if you are then convicted.
So properly used it can help to speed up justice AND to convict other people involved in a crime by providing extra testimony that might otherwise not be available.
So this wasn't an example of an entire trial proceeding in the usual way but unusually fast.
The driver has been convicted of the crime, so he personally would not anyway be tried for it again ( there is the rule of double jeopardy, too ).
I'm sure the knowledge that the world might be watching has made things more efficient and rapid in this particular case.
But I agree that it is imperative that the trials of the other conspirators, and of the husband as it appears he too will stand trial, should be conducted thoroughly to ensure that all the truth comes out. I think a sensible prosecutor would make it a condition of the bargained lower sentence that the confession must be entirely true and accurate and complete. There are many questions I would like to see asked of this driver, but presumably these will be heard when the others are on trial and he is testifying.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

6
Our users say:
Posted by: Re | 2010/12/09

What melanie says is very possible. Let''s note that it is also possible that he could have done it......Another question - if 1''s business in such a state why take a vacation to Mzantsi and risk to get into debt more..... I don''t k know man - alot about this case does not make sense.

Reply to Re
Posted by: XXX | 2010/12/09

As sad as it may be,the driver''s story does seem plausible.We will have to watch this space as it is going to get ugly.

Reply to XXX
Posted by: Anon | 2010/12/09

.....or a boyfriend

Reply to Anon
Posted by: lucia | 2010/12/09

The driver could be lying as well ,,,because of all the speculation going on about Shrien...however why is Shrien not defending himself.....there is no insurance,,,maybe a business deal went wrong or Shrien has a girlfriend ,,,,,

Reply to lucia
Posted by: melanie | 2010/12/08

I think that the taxi driver is lying through hs teeth to save his arse. What a dumb story. R15000 for a life. More like R15000 for a night out on the town. This is a sick distortion of SA justice. SAPS cannot put together a solid case so just nail the young husband. I want to puke at SAPS distortion of this sad case. It is crazy that a mewly wed would want to kill his beautiful bride.

Reply to melanie
Posted by: cybershrink | 2010/12/08

There was a plea bargain. This means that if you are accused of a serious crime and confess, saving the state all the expense of a trial, AND you can give valuable information and evidence leading to the prosecution and conviction of other people involved in the crime, the Prosecutors can decide to offer, as encouragement to do so, a lower sentence ( it often happens if you watch Law & Order on TV ! ). Refuse the deal, and you gamble on your chances in court where the sentence may be much higher if you are then convicted.
So properly used it can help to speed up justice AND to convict other people involved in a crime by providing extra testimony that might otherwise not be available.
So this wasn't an example of an entire trial proceeding in the usual way but unusually fast.
The driver has been convicted of the crime, so he personally would not anyway be tried for it again ( there is the rule of double jeopardy, too ).
I'm sure the knowledge that the world might be watching has made things more efficient and rapid in this particular case.
But I agree that it is imperative that the trials of the other conspirators, and of the husband as it appears he too will stand trial, should be conducted thoroughly to ensure that all the truth comes out. I think a sensible prosecutor would make it a condition of the bargained lower sentence that the confession must be entirely true and accurate and complete. There are many questions I would like to see asked of this driver, but presumably these will be heard when the others are on trial and he is testifying.

Reply to cybershrink

Have your say

Thanks for commenting! Your comment will appear on the site shortly.
Thanks for commenting! Your comment will appear on the site shortly.
advertisement