Dewani appeal 'delays inevitable'

ON WAY TO SA: Shrien Dewani
ON WAY TO SA: Shrien Dewani

SHRIEN Dewani may have been successful in his plea to English appeals courts, but it seems he will only delay the inevitable.

Max Clifford, Dewani's publicist, said that although Dewani's case will now be reheard, he will eventually be extradited.

Clifford could not say how long this would take but seemed certain that Dewani would be tried in South Africa.

"What will happen now is that the judgment will be sent back down to the magistrate's court. Shrien will be detained until he is well enough to be sent to South Africa."

The high court judges' decision on Friday was that it would be "oppressive and cruel" to extradite Dewani until he is "fit and well" enough to be sent to South Africa.

The process will now begin again from the Westminster Magistrate's Court, which is the lowest level of court in the English justice system.

As Dewani denies his involvement in the murder, he will most likely plead "not guilty", meaning the case must be passed to the high court. If the case comes back to the high court as expected, he may still appeal to the supreme court and then the European Court of Justice.

Dewani is officially no longer a suicide risk.

Sir John Thomas said at the hearing that "balancing his unfitness to plead, the risk of a deterioration in the appellant's condition, the increased prospects of a speedier recovery in Britain and, to a much lesser degree, the risk of suicide and the lack of certainty as to what would happen to the appellant if returned in his present condition, we consider that on the evidence it would be unjust and oppressive to order his extradition."

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