Cancer delays Anni Dewani trial

The case of one of the men accused of killing honeymooner Anni Dewani is being prejudiced, his lawyer claims, by postponements granted because his co-accused has a malignant brain tumour.

Mziwamadoda Qwabe and Xolile Mngeni were to appear in the Wynberg Regional Court yesterday for a decision on whether the matter should be heard in the Cape Town High Court. Both men were brought to court, but Mngeni who had brain surgery on July 9, was too weak to stand in the dock.

Qwabe's lawyer, Thabo Nogemane, yesterday told journalists: "I have asked the prosecution to draw a line if Mr Mngeni is still not well. What is to become of my client? It's been particularly long postponements."

Medical reports before the court reveal that Mngeni needs further treatment following an operation at Groote Schuur Hospital to alleviate the effects of a malignant brain tumour.

According to a report by oncologist Dr Jeannette Parkes, "the patient had a shunt replacement with multiple complications and eventually had a craniotomy with debulking of the tumour performed on the 9th of July 2011".

"The tumour was confirmed to be a pineoblastoma. He was then referred for further investigations and treatment in the oncology department.

"On July 15 . Mr Mngeni had an MRI of his spine as well as a lumbar puncture. "Both these investigations confirmed that the tumour has spread extensively to the lining of the entire spinal cord and brain." Professor Patrick Semple, head of the hospital's neurocritical care unit, said: "His current level of neurological function is poor and he is not orientated for place or time and also has visual gaze abnormalities and visual hallucinations.

"It is difficult at this point to say if and when he will improve especially given the malignant nature of the tumour."

Magistrate Jackie Redelinghuis postponed the matter to September 20.

Eric Ntabazalila, a spokesman for the National Prosecution Authority, said the prosecution will apply for the separation of the two men's trial if Mngeni had not recovered by their next scheduled court appearance.

The prosecution is also waiting for a London court to decide whether British businessman Shrien Dewani, who is accused of orchestrating his wife's murder, will be extradited from the UK to stand trial with the two men in South Africa.

Ntabazalila said the NPA had confidence in British law and wanted Dewani to stand trial with the alleged hit men.

Anni Dewani was shot dead in an alleged hijacking in Guguletu, Cape Town, while on honeymoon in November. Shrien Dewani was arrested after Zola Tongo, the driver of the vehicle in which the couple were being transported, confessed that Dewani had asked him to hire hit men to kill Anni. Tongo said he had hired Qwabe and Mngeni. Dewani denies the claim.

Judge Howard Riddle of the Belmarsh Magistrates' Court, in London, is expected to rule on August 10 whether Shrien Dewani, who is being held in a private clinic because he claims to be suicidal, is fit to stand trial in South Africa.