Honeymoon murder suspect Shrien Dewani loses high court bid to avoid extradition

 
Accused: Shrien Dewani is suspected of killing his wife Anni
21 February 2014
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Honeymoon murder suspect Shrien Dewani is a step closer to standing trial in South Africa after a High Court ruling today.

Three senior judges ruled that he should be extradited to face the court over the shooting of his bride Anni.

However Dewani's lawyers could still lodge a further appeal to the Supreme Court which would delay a process which has already run for three years.

The judges said today that, subject to a few formal undertakings from South African prosecutors, Dewani should be extradited after Valentine’s Day.

Dewani, 32, had asked the court to delay extradition until he had won his battle to return to full health.

But a panel of three judges, headed by the Lord Chief Justice Lord Thomas, declared he was now ready to be handed over to police who accuse him of masterminding his wife's murder.

Today her family said they felt no happiness at the decision and remained focused on getting the full story of how Anni met her death.

Anni’s father Vinod, fighting back tears, said: “Since she was taken from us, life has been practically unbearable. I don’t know how we have managed to carry on.

“But the fact that we need Dewani to explain what happened on the night she was murdered has driven us each and every hour.

“I feel no joy whatsoever at today’s decision. But I do thank the judges and the British courts for being absolutely fair and proper in considering all the details.

“We have been punished from day one when Anni was taken from us and we are continuing to have the wounds re-opened.

“I found it difficult to accept that nothing could be done to help somebody suffering from a post-traumatic disorder three years after the event and now the judges have accepted he will receive proper treatment in South Africa.

Mr Hindocha, speaking from his home in Mariestad, Sweden, added: “I believe the South African doctors would provide suitable treatment for Shirien as they have stated throughout the legal proceedings.

“I have said all along that I will be happy to go to South Africa with my arm around Shirien’s shoulder and support him.

“If he is innocent, I will accept that.”

Anni’s uncle Ashok added: “We just need closure on the whole thing. We lost Anni more than three years ago.

“She was a beautiful young woman and she had so much to live for. We will never get her back, but at last we are getting closer to the whole story.

“It might be six months before he stands trial, but it is a very big step forward for justice. Let’s now get him to South Africa and get him to tell us what happened.

“We need to hear his words. The whole world is waiting judging by the amount of interest Anni’s murder had attracted.”

Dewani's lawyers has stressed that he is willing to defend himself at trial once he is fit to do so.

They stated he is unfit to plead under English law and his "prognosis is not certain".

Dewani was compulsorily detained in hospital under the Mental Health Act with his next annual review set for May.

Last July, chief magistrate Howard Riddle ruled at Westminster Magistrates' Court that Dewani should be extradited and rejected his attempt to stay in the UK for further hospital treatment.

He said Dewani was not fit to plead or stand trial at present, but there was evidence that he would receive the care he needed in South Africa.

Judge Riddle originally gave the go-ahead to Dewani's extradition in 2011 but had to reconsider the position after the High Court later allowed an appeal.

Clare Montgomery QC, for Dewani, had told Lord Thomas, sitting with Mr Justice Ouseley and Mr Justice Blake: "He is presently unfit. He is likely to remain unfit for a period that cannot be foreseen with any accuracy."

She said: "We suggest that there would be no damage done...if the court were to further adjourn this case."

The judges asked South Africa to return Dewani to Britain if, after a certain time period, he was still medically unfit to plead.

Dewani is accused of ordering the killing of his new wife, who was shot as the couple travelled in a taxi on the outskirts of Cape Town in November 2010.

Three men have been convicted over Mrs Dewani's death.

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