Shrien Dewani could stand trial in SA

After a British Court ruled that alleged honeymoon murder mastermind Shrien Dewani could stand trial in South Africa, his family were late last night meeting with his lawyers about whether they would appeal the decision.

Dewani's celebrity publicist Max Clifford said yesterday that the next move was now "down to his family and his lawyers".

"They will decide what their next move is in the light of the announcement in a few hours," he said.

"All that Shrien and his family want is for the truth to come out and the people really responsible to be shown."

Dewani is wanted in Cape Town for allegedly hiring hit men to murder his bride, Anni, in a staged hijacking in Gugulethu in November last year.

Dewani was arrested in the UK after driver Zola Tongo confessed to hiring alleged hit men Mziwamadoda Qwabe and Xolile Mngeni. Dewani has denied the allegations.

Dewani's lawyer, Julian Knowles, said: "We are reviewing the ruling."

The National Prosecuting Authority welcomed the British Court's ruling, but spokesman Eric Ntabazalila said Dewani could appeal and it could be months before he arrives in the country.

"The court referred the matter to the Home Secretary who's got the final authorisation to say if Dewani will be extradited to South Africa. He has a right as well to appeal and we are not sure at the moment whether he is going to appeal the decision or not. If he appeals, it can take a couple of months," he said.

Ntabazalila said police investigations were complete and that should Dewani arrive in the country in time, he would stand alongside Qwabe and Mngeni in the dock of the Wynberg Regional Court on September 20.

The matter would then be transferred to the Cape Town High Court.

In the courtroom yesterday, an unshaven Dewani, dressed in a black woollen top, sat with his head bowed mumbling to himself. His family in the gallery did not look his way during the hearing.

Dewani's lawyers had previously argued that it would violate his human rights if he was tried in South Africa, citing conditions in the country's prisons. They also cited his mental health problems; Dewani has spent the past several months at the Fromeside Medical Clinic under suicide watch.

In his two-hour judgment, District Judge Howard Riddle said that according to expert evidence, it was "highly improbable" that Dewani, who has been diagnosed with post traumatic stress disorder, was faking his illness.

And although he acknowledged the violence in South African prisons, he accepted that the country's authorities would place Dewani in a secure facility, both while awaiting trial and, if convicted, thereafter.

The defense had sought to protect Dewani under the European Convention On Human Rights.

Riddle said: "I am satisfied that the authorities will do everything to protect him," said Riddle.

"No prison authority anywhere can say with any certainty that a prisoner in their care will not suffer any harm."

In his final statements, Riddle said there was no doubt that Dewani would suffer hardship, but "that hardship is no more than ordinary hardship".

"The public interest in extradition and trial outweighs the competing hardship," Riddle said.

The final decision now rests with the UK Home Secretary Theresa May, whose office said it could not comment on the case, nor on when a decision would be reached.

But it is highly unusual for the Secretary to overturn a judge's extradition recommendation.

Immediately after Riddle made the ruling, Anni's family, seated in a separate gallery from the Dewanis, silently congratulated each other.

Her father, Vinod Hindocha, who said his wife Nilam was too ill to attend the hearing, tearfully said: "We're very, very happy with the outcome. We're now one step closer to justice."

Dewani did not react and his family left the courtroom quickly.

Outside court, Hindocha said: "Anni would be very happy today to hear the decision. As a father, I demand justice against whoever was involved in this, and I [hope] I get that justice.

"I would like to thank the British justice system for the decision. I wish Shrien a speedy recovery so he can now put his head down and help the police clear his name. But this case is not about Shrien and the three accused. It's about my beautiful daughter Anni."

Anni's sister, Ami Denborg, added: "This is a step towards closure for us. We're so happy today. The past few months have been a nightmare . nothing will bring back my beautiful, little, innocent sister who was killed. But this decision today means we will get somewhere."

Correctional Services spokesman Sonwabo Mbananga said Dewani would be held in Goodwood Prison in Cape Town, and, if convicted, sent to Malmesbury Prison.

"As we said in our submission . we will keep him in Goodwood but in an individual cell with a sink with warm and cold water and a toilet that is flushable," said Mbanaga.

He denied Dewani would receive special treatment, adding that South Africa, as a signatory to the European Convention, was obliged to afford Dewani the same facilities that would have been at his disposal had he faced trial in the UK.

Read the full judgement here