21 Jul 2011

‘Dewani’s human rights would not be abused’

Health and Social Care Editor

Shrien Dewani’s human rights would not be abused if he was extradited to South Africa where the authorities want him to stand trial for the murder of his wife Anni Hindocha.

That was the closing argument made by Hugo Keith QC on behalf of the South African Government on the final day of the extradition hearing at Belmarsh Magistrates’ Court in east London.

Mr Keith said that South Africa was a “sophisticated and mature democracy in which structures are in place to reduce the risk of harm.”

Mr Dewani has denied any involvement in the murder of Ms Hindocha. The couple were on honeymoon in South Africa last November when the car they were being driven in was hijacked in the township of Gugletutu.

Mr Dewani and the driver Zolo Tongo escaped but Miss Hindocha was kidnapped and later found shot dead.

Mr Tongo admitted his part in the crime and claimed that Mr Dewani had ordered the car-jacking and paid for his wife to be killed.

Mr Dewani is now being held in a medium-secure psychiatric unit near Bristol. He is suffering from post traumatic stress disorder and depression.

During the extradition hearing this week, his psychiatrists testified that he is currently unfit to plea.

They said he has an enzyme disorder and that he cannot take antidepressants at the moment.

'Dewani's human rights would not be abused' - Reuters

But the court also heard that he had been taking strenuous exercise, despite being too ill to come to court. It was also agreed that Mr Dewani’s condition was likely to improve.

Much of the argument has centred around his human rights and whether he would be safe in a South African prison.

Witnesses told the court of gang violence, poor conditions and inadequate health facilities.

But during the week, this was adamantly disputed by Judge Deon van Zyl, the Judge Inspector of South African prisons.

He said it was a ”total exaggeration’ to suggest the presence of gangs was a pervasive presence and that they had gained control.

Mr Dewani’s lawyer Clare Montgomery QC said in her closing argument that the “forseeable consequence of removal will be an increase in the risk of suicide”.

She said: “To extradite someone who is unfit is oppressive.”

District Judge Joward Riddle retired at lunchtime to deliberate on whether Mr Dewani should be extradited. He will release his judgement on 10 August.