Lawyers for Shrien Dewani, the Indian-origin millionaire accused of plotting the murder of his Indo-Swedish wife during their honeymoon in South Africa in 2010, today said they would seek dropping of the charges against the UK-based businessman.
Anni Dewani, 28, died here in November, 2010 after an apparent carjacking that went wrong.
Dewani, 34, of Bristol, UK, has pleaded not guilty to charges including kidnapping and murder of his wife.
Defence lawyer Francois van Zyl said he would apply for the dismissal after the state rested its case today, the BBC reported.
Dewani, who was extradited to South Africa in April, is on trial accused of plotting for his wife's murder with three men, shuttle taxi driver Zola Tongo, Mziwamadoda Qwabe and Xolile Mngeni.
Mngeni was sentenced to life in prison for Anni's murder but died in prison, while Qwabe was sentenced to 25 years.
Tongo was sentenced to 18 years following a plea bargain deal.
The prosecution claimed Dewani conspired with the trio to stage the hijacking, for which he paid 15,000 rand - less than 1,000 pounds.
Dewani maintains the money was actually for a surprise helicopter trip which Tongo was helping to arrange.
The case for the dismissal will be argued before Western Cape High Court judge Jeanette Traverso later today.
During the trial, the judge has dismissed sections of the state's case, describing evidence about Dewani's sex life as irrelevant.
Dewani admitted at the start of the case that he is bisexual and one of the prosecution witnesses was a male prostitute who he had paid to have sex with.
Van Zyl said they would make an application to the judge under section 174 of South Africa's Criminal Procedure Act next Monday.
If the judge feels there is insufficient evidence to convict at the close of the prosecution's case then the court can return a not guilty verdict, the report said.
