LEE RONDGANGER
London
Minutes after a London court ruled that Shrien Dewani must go to South Africa to face murder charges, his slain wife Anni’s father, Vinod Hindocha, with tears streaming down his face, turned to his wife Nilam and hugged her.
The 16 family members of the Hindocha family, who had sat pensively throughout Chief Magistrate Howard Riddle’s two-hour verdict, threw their arms around each other in tight embraces.
Above them, in the public gallery, the 22 members of the Dewani family sat in stunned silence.
Dewani, who throughout the verdict repeatedly closed his eyes and mumbled to himself, sat emotionless in the glass-enclosed accused dock.
Riddle ruled that while Dewani, 31, faced “undoubted hardship” if he was extradited, he should be sent to South Africa to face charges of murdering his wife in Cape Town while on honeymoon on November 13 last year.
Riddle said he had complete confidence in the South African justice system and believed it would provide Dewani with a fair trial. He referred the case to UK Home Secretary Theresa May to make the final extradition decision.
Outside court, Hindocha choked back the tears, saying the decision was “one step closer to closure”.
“I would 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…
“As a father, I demand justice against whoever was involved in this. I wish I get justice. I wish Shrien a very speedy recovery from his illness so that he can now 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, adding they were pleased with the court’s decision.
“We hope Shrien will help the police as much as possible and that he will return to South Africa. Nothing will bring Anni back, my beautiful innocent sister who was killed, but getting this decision today at least we will get somewhere.
She will not rest in peace until all this is over.”
Earlier in the day, Dewani – fully bearded and with scraggy, unkempt hair – arrived in court shortly after 9.15am.
At 10am, Dewani, accompanied by two carers from the Fromeside Psychiatric Clinic, where he is being kept, was directed to the accused box, 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 that there were nearly 20 arch-lever files he had to pore over.
He agreed with the expert evidence that Dewani was mentally fragile, but threw out Dewani’s defence assertion that the South African authorities were guilty of an abuse of process.
Dewani’s lawyer, Clare Montgomery QC, argued that the comments made by police chief General Bheki Cele that Dewani was a “murdering monkey” had prejudiced the case against her client.
Riddle said the fact that Cele made those comments 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 of these allegations will be heard by a judge, almost certainly sitting with two lay assessors.
“The assessors themselves may well be experienced in the law. It is common ground that South Africa provides a fair trial process,” Riddle said.
On Dewani’s mental health and his fitness to plead to charges in South Africa, Riddle said it was not his function to determine whether Dewani was fit or unfit to plea.
He rejected Montgomery’s argument that extradition was not for the purpose of prosecution, but for civil proceedings.
Regarding South Africa’s prison conditions, which Dewani’s defence team had argued was run by violent gangs and sexual predators, Riddle said he was satisfied that South African authorities would keep their promise to take all reasonable steps to protect Dewani while in jail. He said he did not doubt that 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…
“However, I accept the assurances of the South African authorities are made in good faith,” he said.
Dewani has been promised a single cell with hot and cold running water, and will most likely be kept in the hospital wing of a prison.
Riddle also rejected Dewani’s assertion that his rights under the European Convention on Human Rights would be violated if sent to South Africa.
“I accept there is a risk to Mr Dewani, and that risk comes primarily from 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,” he said.
Riddle said Dewani’s terms of his bail conditions would remain, and he was sent back to the Fromeside Psychiatric Clinic, where he is being kept under Britain’s Mental Health Act.
The Dewani family did not wish to speak to the media.