LAWYERS for honeymoon murder suspect Shrien Dewani have asked a South African judge to throw the case against him out and allow a return to England.

Francois van Zyl, defending the British care home tycoon, said there were inconsistencies in evidence given against his client.

He made an application to Western Cape High Court judge Jeanette Traverso under Section 174 of the Criminal Procedure Act to return a not guilty verdict at the close of the prosecution's case.

Prosecutor Adrian Mopp is expected to present his side of the argument tomorrow. Reports say Dewani could be free to return to England by the end of the week if the judge feels there is insufficient evidence.

The state's case is that the millionaire, who is bisexual, wanted out of his marriage and arranged a "hijack-gone-wrong" in which Mrs Dewani would be killed and he would escape unharmed.

But judge Traverso has dismissed sections of the state's case, describing evidence about Dewani's sex life as irrelevant, while prosecution witnesses have included men already convicted of Mrs Dewani's murder. Dewani, from Westbury-on-Trym, near Bristol, is on trial for allegedly plotting with shuttle taxi driver Zola Tongo, Mziwamadoda Qwabe and gunman Xolile Mngeni.