Saturday 22 February 2014

Extradition Rulling: Shrien Dewani Fights South African Undertaking


by Benson Agoha

Husband of Anni Dewani, who was murdered on a honeymoon trip to South Africa is still fighting extradition to face trial there.

* Anni Dewani on a Valentine's day photo posted by 'Justice4Anni' in her honour.

Yesterday, his lawyers file an application against the provisions of the undertaking made by the South African Authorities.

On Friday January 31, 2014, Woolwich Online reported the High Court's decision to grant the extradition request of the South African Authorities, "in the interest of Justice and that of Anni's family", the court said, there should be no further delay in going ahead with the trial.

The judgement by the High Court, however also required the South African authorities to meet certain conditions necessary to ensure Shrien Dewani's security and comfort during his stay in South Africa.

These conditions, or undertakings, were expected to be received from South Africa yesterday, the 21st of February, 2014 after which the extradition should take place immediately. But while the undertakings were awaited, Shrien Dewani was considering his options.

On 16th February, 2014, 'Justice4Anni', who have spearheaded campaign for justice on behalf of Anni Dewani's family, said "Dewani cannot appeal to the Supreme Court. He must first request permission to appeal, either via the High Court or directly from the Supreme Court. His request for permission must be based on "a point of law of general public importance", meaning it is a very strict threshold. He cannot just use any flimsy reason."

Arguing further, they said "His option to request permission to appeal at the European Court of Human Rights also carries minimal prospects because his lawyer has not focused on humans rights arguments and when she did, they were dealt with at all levels. There is also doubt that going to ECHR would hold the extradition, he may still have to go."

However, yesterday, it appeared that Dewani finally come up with an application to "request permission to appeal to the Supreme Court".

Justice4Anni said "Dewani is attempting 2 things at the High Court: (a) to appeal against the terms of the Undertaking given by the SA Authorities and (b) to seek permission to appeal to the Supreme Court."

The High Court is expected to list a hearing date, which may take some time, maybe in the next few weeks, where these 2 applications will be heard.

Justice4Anni's latest update has already provoked angry responses from members of the public who are not happy with the continuing delay.

One asked "When will all this end with this B*****D arriving in SA????"; Another wrote "An absolute scumbag coward. Hasn't even got the courage to top himself. No doubt he'd spend an eternity fighting his impending room in hell!"; While another said "He will soon be committing suicide or jump off the suspension bridge in his city !!!! Coward".

But no amount of abuse will change things as only the High Court, which will now consider the latest application, can decide what happens next.

* Twitter: @bensonagoha.

* Twitter: @woolwichonline.

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Photo Credit: Used with thanks from Justice4Anni.

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