London - Minutes after a London court ruled that Shrien Dewani must go to South Africa to face murder charges, his slain wife’s father, Vinod Hindocha, with tears streaming down his face, turned to his wife, Nilam, and hugged her.
The 16 members of the Hindocha family who had listened pensively to Chief Magistrate Howard Riddle’s two-hour verdict, tightly embraced each other.
Above them, in the public gallery, 22 members of the Dewani family sat in stunned silence.
Dewani, sitting in the glass-enclosed dock, repeatedly closed his eyes and mumbled to himself as the chief magistrate read his judgment.
Riddle found that although Dewani, 31, would face “undoubted hardship” if he was extradited, he should be sent to South Africa to face charges relating to the murder of his wife, Anni Hindocha, who was shot dead on November 13 in Gugulethu, Cape Town, where the couple were on honeymoon.
Riddle said he had complete confidence in the South African justice system and believed Dewani would have a fair trial. He referred the case to UK Home Secretary Theresa May to make the final extradition decision.
Riddle said Dewani’s bail conditions would remain in force, and the young man was sent back to the Fromeside Psychiatric Clinic, where he was being kept under Britain’s Mental Health Act.
Outside the court, Vinod Hindocha, choking back tears, said the decision took the family “one step closer” to closure.
“I’d like to thank the British judge for this decision, which I believe is a fair one,” Hindocha said.
“This case is not about Shrien and the three accused. It’s about my beautiful daughter Anni. I am sure she will be very, very happy today to hear what the decision was.
“As a father I demand justice against whoever was involved in this. I wish I get justice. I wish Shrien a speedy recovery from his illness so he can go to Cape Town and help the police and clear his name.”
Anni’s sister, Ami Denborg, said the past nine months had been a “nightmare” for the family. They were pleased with the court’s decision.
“We hope Shrien will help the police as much as possible. Nothing will bring back Anni, my beautiful, innocent sister, but getting this decision today at least we will get somewhere… This is one step in the right direction for us.”
Earlier, Dewani, with a full beard and his hair unkempt, arrived at court shortly after 9.15am UK time.
He was flanked by several relatives who shielded him from a phalanx of news cameras outside the court.
At 10am, Dewani, accompanied by two carers from the Fromeside Psychiatric Clinic, was directed to the dock, where two security guards sat behind him.
Riddle began proceedings shortly after 10.15am, warning the court that his judgment was lengthy.
He painstakingly went through all the evidence presented to him over the seven days of the extradition hearing, saying there were nearly 20 files he’d had to pore over.
He agreed with the expert evidence that Dewani was mentally fragile, but threw out the assertion by Dewani’s defence that the South African authorities were guilty of an abuse of process.
Dewani’s counsel, Clare Montgomery QC, had argued that South African police chief Bheki Cele’s comment that Dewani was a “murdering monkey” had prejudiced her client. Riddle found that Cele’s having made this comment did not make it more likely that he would be convicted in South Africa.
“It is no surprise to a court to learn that a police officer believes a defendant to be guilty. Such a belief carries no weight for the defence.
“In a trial in South Africa any trial of these allegations will be heard by a judge, almost certainly sitting with two assessors.
“It is common ground that South Africa provides a fair trial process.”
On the question of Dewani’s mental health and fitness to plead to charges in South Africa, Riddle said it was not his function to determine whether Dewani was fit to plead. He rejected Montgomery’s argument that extradition was not for the purpose of prosecution but for civil proceedings.
“Even if Miss Montgomery is right that fitness to plead proceedings are not criminal proceedings, the… extradition request is for the purpose of criminal prosecution.”
Referring to South Africa’s prisons, which Dewani’s defence team had argued were run by violent gangs and sexual predators, Riddle said he was satisfied South African authorities would keep their promise to take all reasonable steps to protect Dewani in jail. He said he did not doubt Dewani would be well cared for in prison.
“Nobody can rule out unforeseen circumstances. To a certain extent all assurances potentially could be overtaken by events… I accept the assurances of the South African authorities are made in good faith.”
Dewani has been promised a single cell and will most likely be kept in the hospital wing of a prison.
Riddle rejected Dewani’s assertion that his rights under the European Convention on Human Rights would be violated if he were sent to South Africa.
“I accept there is a risk to Mr Dewani, primarily the risk of suicide and from other prisoners, if he is held in prison.
“However, those risks have been drawn to the attention of authorities and I am impressed by the level and nature of the assurances given. I am satisfied that the South African authorities… will take all reasonable steps to provide proper care and protection to this person.”
Dewani’s lawyer, Julian Knowles, said a decision had not yet been made on whether to appeal. “We are studying the judgment.” - Pretoria News