Dewani is appealing Judge Howard Riddle’s ruling of August this year which granted the South African judiciary’s request for him to be extradited to Cape Town to face charges relating to the November 2010 murder of his wife Anni in Gugulethu, Cape Town.
Judge Riddle’s decision required final approval from the British Home Office, Theresa May the British Home Secretary duly authorised the extradition order during September.
Dewani appealed.
The appeal started at the London High Court on Tuesday, 13th December.
Clare Montgomery (Dewani’s QC) argued that Dewani suffering from depression and post-traumatic stress disorder “is too ill to be extradited.”
Dewani’s defence also argued that he is suicidal and on ‘suicide watch’ at the institution where he is presently being held and that facilities in South Africa were inadequate. They further claimed that Extradition would be incompatible with articles 2 and 3 of the European Convention on Human Rights, which protect the right to life and prohibit inhuman and degrading treatment.
Hugo Keith, representing the S.A. government explained that facilities in South Africa were more than adequate and that Dewani would be well looked after here.
The hearing was postponed to January 11.
So, still no finality, it’s obviously a long road, I’m pleased that the S.A. authorities are staying the course.
Boadicea's Chariot 
Is there no one to argue that her family are also suffering?
The ECHR is a foul piece of legislation, now enshrined in English law by the fifth column of Quislings that operate in my country and which is (ab)used regularly by felons to escape their due punishment.
So there!
OZ
Good point Boadicea.
Soutie, do you agree that if Dewani did nothing wrong, he has nothing to fear from appearing in court? (The usual ‘spin’ in these situations.) Or is there a real chance that he will be lynched?
OZ, you might also have mentioned that we have the ‘European’ warrant too, under which anyone who is accused of committing what may not be an offence in this country can be extradited without so much as a by-you-leave, and yet, this guy who is accused – only accused, I keep in the front of my mind – is being allowed to resist extradition to face his accusers…
Funny old world, innit?
But just think, OZ, how much money the Yooman Rights act brought to lawyers such as Cherie Blair. Oh, was it really her husband who brought this legislation into English law?
I’d like to think that our authorities are in constant touch with Anni’s family keeping them updated on the progress of their investigations.
The South African judiciary are negotiating every hurdle and jumping through all the hoops in an effort that finality be brought in this matter. As I understand it, the 2 ‘trigger men’ are still awaiting trial, their trial is on hold until finality is reached on the extradition.
Then there is the feeling of sympathy among all South Africans, well everybody that I know. I’d like to think that posts like this help, this case has been relegated off the front pages of our newspapers and wasn’t mentioned in any of the news bulletins that I heard this past week.
I think it important that Anni not be forgotten, that the case proceeds as our judiciary wish and that finality is reached.
(This is my 13th post on the subject, remarkable!)
Undoubtedly
None whatsoever. As perhaps the worlds highest profile accused (should he get here) and the British press (and ours for that matter) wanting every snippet of information, following every minute detail of the proceedings there is no chance that he would be harmed.
What on earth made you think that he could possibly be ‘lynched’ and who did you think would would do the lynching?
I cringed when I saw “articles 2 and 3 of the European Convention on Human Rights.”
As many of you mention perhaps an escape for Dewani. To be fair, we have some of the most ‘human rights’ friendly legislation in the world, you could of course argue that it’s not always efficiently practiced but it’s there none the less.
It would be an insult to the constitution of South Africa, all South Africans and all the hard work leading to our 1994 democracy if the human rights defense worked*. No, I think it has to be the ‘psychiatric’ defense and if that fails he’s on his way here.
*In effect no more toeing the line at the UN security council to mention just one!
I find the whole ‘Justice’ system to be one huge, sick game. It has nothing whatsoever to do with ‘Justice’ for victims – but everything to do with how one lot of lawyers can interpret the law to the advantage of those who are paying their fees.
Bravo and Boadicea – totally agree with both your sentiments. I have written before about what I see as a ‘fifth column’ operating in the UK which will enact every single piece of EU legislation, and particularly the ‘yooman rites’ bit, to the detriment of the long-suffering electorate. This fifth column is socialist, Europhile and against anything for which our country stands.
OZ
Soutie, I asked because if he is going to be protected why wouldn’t he just go?
Hello Janus
In my opinion he’s worried about being found guilty and that would mean 25 years in a South African jail. (usually halved for good behaviour, if applicable of course.)
A lot has been said about our jails and prison system, not much of it good and most bad but I’ll relate a friends experience.
Doug was a lawyer and investment adviser and a friend of my father. My parents bought two properties from him. Doug lived next door to my parents and left a spare set of keys with my parents as he was out of town often.
Doug was convicted of trying to defraud a large investment company, an amount of perhaps £200,000. Doug received the minimum sentence of 15 years.
He did his time at St. Albans prison here in the Eastern Cape, used his legal knowledge to help other inmates, improved various prison systems, you get the idea, he was a model prisoner and used his talents while he was there.
Doug was let out after 8 years, as far as I know he received no special treatment, he certainly wasn’t a ‘high profile’ individual such as Dewani. He was never harmed or molested.
Dewani’s family have already retained the services of a top criminal legal firm down here, I have never doubted (and I still don’t) that he would receive a fair trial. There are all sorts of ‘unusual circumstances’ about this case, like Bravo (comment #5) I continue to refer to him as the accused but only his appearance here will result in all the facts being known and justice served (whichever way the trial goes.)
http://www.telegraph.co.uk/news/uknews/crime/9175518/Shrien-Dewani-extradition-halted-on-mental-health-grounds.html
Yes, Soutie, I saw that! I wonder what’s going on?