Leila Samodien
Justice Writer
SHRIEN DEWANI’S condition has improved – but he is unable to concentrate for longer than half an hour at a time.
This emerged yesterday when the extradited British businessman appeared in the Western Cape High Court for a second time. Dewani is accused of orchestrating the murder of his bride Anni Dewani in November, 2010. She was murdered while the couple were on honeymoon in Cape Town.
Defence advocate Francois van Zyl SC – who this time appeared with “reinforcements”, his junior counsel in the matter, Pieter Botha – indicated they needed more time to consult with Dewani, who has been detained
at psychiatric facility Valkenberg Hospital since his arrival in South Africa on April 8.
He had been informed, said Van Zyl, that Dewani had been “fully co-operative” and that his condition had “improved”.
The defence had been told by treating psychiatrists, however, that they could not consult with him for longer than 30 minutes at a time. Van Zyl said this had proven “frustrating” because of Dewani’s “lack of ability to concentrate even for 30 minutes”.
He requested a postponement of almost six weeks, saying hopefully it would improve so that Dewani could instruct them properly.
Western Cape Director of Public Prosecutions Rodney de Kock, representing the State, agreed to the request.
Western Cape Judge President John Hlophe, who presided over the pre-trial meeting, ordered that the matter be postponed to June 20. At yesterday’s hearing, which lasted only a few minutes, Dewani at times appeared confused. He was led up to the dock of Court 1 from the cells below after Judge Hlophe had already entered the courtroom and taken his seat.
Regional Justice Department head Hishaam Mohamed said this was only for now because there was as yet no ruling as to the photographing of Dewani inside court.
“It’s to protect the accused, who is innocent until proven guilty and he can’t be subjected to the media when he’s sick,” said Mohamed.
Under the terms of his extradition, if within 18 months Dewani is not found fit to stand trial, he will be returned to the UK. National Prosecuting Authority spokesman Nathi Mncube said that while they wanted to start the trial as soon as possible, it would not help to push for the trial to start when they knew the accused was not ready. Dewani, he added, was not well and had not been able to give his lawyers a proper brief.
“They have to prepare the defence based on what he is saying,” said Mncube.
“We understand their predicament but it is also in our interest to make sure that he is in a good state of health.”
In response to a question, Mncube further told the media that at this stage, Dewani was at Valkenberg to receive treatment and that it had nothing to do with his fitness to stand trial.
The defence, he said, would have to bring an application if they wished to allege that he was not fit to stand trial.