Parents to sue Dewani

Anni Hindocha would never have married Shrien Dewani if she had known he was bisexual or had an appetite for male prostitutes so her parents are to sue him for marrying her under false pretences.

A source close to the family said yesterday the civil action would take place in the UK after Dewani's criminal trial in Cape Town. The family "have already consulted a leading litigator".

Mother Nilam Hindocha was quoted by the UK's Daily Mail yesterday as saying: "Anni would never have married Shrien if she knew the truth that he was bisexual or gay. She would never have accepted it. We never had any idea that he was or had been sleeping with gay prostitutes."

Father Vinod reportedly said: "The wedding was a drama and false. I am going to sue him for that."

Though the couple said the civil case was not "financially motivated", they might seek compensation for "largely" paying for the £200 000 wedding.

Llewellyn Curlewis, the immediate past president of the SA Law Society, said the decision by the Hindocha family to lay a civil charge against Dewani had nothing to do with the criminal case.

"One can argue that there was a lack of disclosure and therefore she entered into the marriage under fraudulent circumstances.

"I think they have a reasonable chance [of successfully suing] unless Dewani can convince the court that Anni was aware of his sexuality and condoned it," he said.

Yesterday Vinod's brother Ashok would not comment on the UK article.

"My brother has been very frustrated and sad lately. This article should not have come at this point. So I cannot confirm, I cannot deny [the contents]," said Ashok.

For now the focus should be on the criminal trial and the family wanted, more than anything, for Dewani to take the stand, he said.

"I want Shrien Dewani to take the stand like all the other accused. He should do that if he loved Anni and if he wants her soul to rest in peace."

Dewani's counsel have lodged an application with Judge Jeanette Traverso for a discharge of the case. Advocate Francois van Zyl argued that the state's evidence was "poor" and its case based on lies. Traverso is to deliver her ruling on Monday.

She has ruled inadmissible evidence by some of the state's key witnesses, including Leopold Leisser, a gay escort specialising in sadomasochism, whose services Dewani used three times.

State advocate Adrian Mopp said Leisser would have testified about a conversation with Dewani that could establish "potential motive on the part of Dewani" for killing his wife.

According to the UK article the Hindocha family decided to break their silence after Van Zyl applied for the case to be dismissed.

As for the state's case and the police investigation, Ashok said: "There are lots of things that could have been done better. But then again it was four years ago and people forget things . I think the prosecution has not had the full chance to call all the witnesses. So we are a little worried now."

The Justice4Anni campaign has garnered 2300 signatures for a petition to have Traverso dismissed.

It has also called for a retrial and for Minister of Justice Michael Masutha and Chief Justice Mogoeng Mogoeng to investigate her conduct during the trial.

Ashok said though the family had nothing to do with the petition or the campaign, they were grateful for the group's support.