‘We will fight Dewani to the end’

Published Jul 25, 2013

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Cape Town - The family of murdered honeymoon bride Anni Dewani have vowed to continue their battle after her husband, Shrien, said he would fight his latest extradition defeat.

Speaking on the steps of Westminster Magistrates’ Court in London, Anni’s sister, Ami Denborg, said: “For us it is all about Anni, it’s all about finding out what happened. We will fight this battle to the end and this battle has just begun. It’s a long way to go for the answers we are waiting for. We are hoping for a speedy recovery for him so he is fit to plead.”

Dewani, 33, who denies any involvement in the murder, was not in court to hear the judgment and continues to receive treatment at a mental hospital in his home city of Bristol.

Chief magistrate Howard Riddle ordered his extradition in September 2011, but in December that year the high court ruled it would be “unjust and oppressive” to return him because of his medical condition.

On Wednesday Riddle again granted an extradition request by the South African government, following a four-day hearing earlier this month, despite arguments by Dewani’s defence team that this could affect his mental health.

They had wanted the decision delayed by six months.

But even though Dewani lost his extradition hearing in London on Wednesday, there is no guarantee he will stand trial in Cape Town soon.

 

Dewani, 33, has been diagnosed with depression and post-traumatic stress disorder following the murder of his wife Anni on honeymoon in Cape Town in 2010.

On Wednesday the court was packed with Anni’s relatives, who wore photographs of her pinned to their clothes, decorated with pink ribbons. None of Dewani’s relatives was present.

Riddle said: “It is not in question that Shrien Dewani will be returned to South Africa. The treating clinicians continue to state that Mr Dewani will recover. There has been recovery, but it has been slow. It may be a long time before Mr Dewani is fit to plead, but he may be closer to that point. It is not impossible that if returned now, after a reasonable period of further treatment and assessment he will be found fit to plead and a trial can take place.”

Dewani’s lawyers intended to appeal against his extradition to stand trial, the British Press Association reported.

“Lawyers acting for Shrien Dewani will review the judgment and lodge an appeal during which time Shrien will remain in the UK,” Dewani’s family said in a statement after the ruling.

“Shrien Dewani remains unfit to be extradited or to face trial. Shrien remains committed to returning to South Africa when his health would permit a full trial and when appropriate protections are in place for his health and safety. The legal process is ongoing and it would be inappropriate to comment further.”

Mthunzi Mhaga, spokesman for the Department of Justice and Constitutional Development, told the Cape Argus on Wednesday night: “We will oppose their appeal, and we are confident. We believe yesterday’s ruling was founded in law and there’s no way it can be overturned - we don’t believe he has any basis in law.”

Dewani’s team has 14 days to lodge an appeal. The National Prosecuting Authority would oppose this, and would then have to wait for the court to rule, Mhaga said.

If Dewani appeals he will have to prove that it is for some reason of public importance that he must not be extradited.

Mhaga said in response to that: “Obviously, what’s in the public interest - in our view - is for him to come and face trial in South Africa.”

But he warned that even if Dewani lost this new appeal, he would still have recourse to the European Court for Human Rights. And even if he failed there, and was sent to Cape Town, then he would be within his rights to argue before the Western Cape High Court that he was mentally unfit to stand trial.

South Africa has offered reassurances that if Dewani was found to be mentally ill he would be admitted to a psychiatric hospital here.

Hugo Keith QC, for the South African government, argued this month it would not be oppressive to extradite Dewani, telling the court that “unprecedented” undertakings had been taken to ensure Dewani would get a high standard of mental health care.

 

Psychiatrist Ian Cumming had visited South Africa and was confident the standard of Dewani's medical treatment would be “robust”.

Anni’s uncle, Ashok Hindocha, told the Cape Argus on Wednesday night: “It was more or less expected that the judge had to deny the appeal and stand for his verdict he gave in 2011... we’re happy about that. They have appealed, but I don’t know on what grounds. According to me there are no grounds left.”

Asked how Anni’s father, Vinod, was coping, he said: “He’s fine.”

Cape Argus

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