Guardian News and Media/London
A businessman accused of plotting the murder of his wife while they honeymooned in South Africa should be extradited to face trial in Cape Town, a London court has ruled.
Chief magistrate Howard Riddle decided that Shrien Dewani ought to be sent to South Africa, where he is wanted over the murder of his wife, Anni.
The ruling at Westminster magistrates court was welcomed by Anni Dewani’s family, who said their lives have been on hold while they waited for Dewani to answer questions in court about what happened during the couple’s honeymoon in November 2010.
Relatives of Anni packed the courtroom wearing photographs of her pinned to their clothes, decorated with pink ribbons. However, the ruling will not be the end of the legal process in the UK.
A spokesman for Dewani’s family said they intended to appeal against the ruling.
In a statement they said: “Lawyers acting for Shrien Dewani will review the judgment and lodge an appeal during which time Shrien will remain in the UK.
“Shrien remains unfit to be extradited or to face trial. He remains committed to returning to South Africa when his health would permit a full trial and when appropriate protections are in place for his health and safety. The legal process in ongoing and it would be inappropriate to comment further.”
Moves to extradite Shrien - who has been suffering from severe depression and post-traumatic stress disorder and is being treated in a mental health unit in his home city of Bristol - have been long and complex.
His extradition was ordered in the summer of 2011 by Riddle, and Home Secretary Theresa May signed the extradition papers. But his legal team continued to fight against his removal and in March last year the extradition was temporarily halted by the high court, who judged it would be “unjust and oppressive” for him to be sent to South Africa because of his mental health.
Riddle said yesterday: “It is not in question that Shrien will be returned to South Africa. The treating clinicians continue to state that Shrien will recover. There has been recovery, but it has been slow. It may be a long time before Shrien is fit to plead, but he may be closer to that point.
“It is not impossible that if returned now, then after a reasonable period of further treatment and assessment, he will be found fit to plead and a trial can take place.”
Riddle said he was confident Shrien would receive proper care in South Africa. But he added that a real concern remained about how much of a suicide risk Shrien was. He conceded that as Shrien became stronger mentally, the risk of him taking his own life increased.
Outside court Anni’s family said they were pleased with the decision but accepted it was “just one step”.
Her sister, Ami Denborg, said: “For us it is all about Anni, it’s all about finding out what happened. We will fight this battle to the end and this battle has just begun.”
She added that they were hoping for a speedy recovery for Shrien so he was fit to plead, and said the decision did not necessarily bring any relief. “We just want to know what happened to Anni and this is just one step,” she said.
“It’s been really hard on the family, we are struggling every day.”
Standing beside her father, Vinod Hindocha, she added that the process was very hard on Anni’s parents. “Every single time there’s a hearing he stands there, watching, seeing and thinking about Anni. She is always with us.”
During a four-day hearing earlier this month, the South African government argued that Shrien, 33, had recovered sufficiently to be extradited, even if he had to spend time in a Cape Town psychiatric hospital before any trial. South African prosecutors allege that in November 2010 Shrien arranged the murder of his 28-year-old wife, a crime they claim was carried out by a hired hitman under the guise of a botched carjacking. He strongly denies the allegations