Sunday, February 20, 2011

Fears over fairness of Dewani trial

Menzi Simelane, head of national prosecuting authority, fuels fears Briton accused of honeymoon murder will not get fair trial

Honeymoon murder suspect Shrien Dewani appears to have been pre-judged by South Africa's top prosecutor in an interview that could strengthen claims the British businessman will not receive a fair trial.

Menzi Simelane, director of the national prosecuting authority (NPA), said: "This is a pure criminal matter of somebody who murdered his wife whilst he should be celebrating his honeymoon."

Interviewed by SABC3 television, Simelane said: "The facts here are that the accused that is sought to be extradited came to the country and committed what is a very heinous crime."

South African authorities want 31-year-old Dewani brought back to the country to stand trial for the alleged contract murder of his 28-year-old wife, Anni, on their honeymoon in Cape Town in November.

The state's credibility has already been questioned after Bheki Cele, the national police commissioner, declared last year: "One monkey came from London to kill his wife here. He thought we South Africans were stupid. Don't kill people here."

Dewani's publicist, Max Clifford, described Simelane's comments as frightening. He said: "How on earth is he going to get a fair trial in South Africa? The head of the national prosecuting authority and the chief of police have found him guilty."

Clifford highlighted claims reported in the Guardian last week that two suspects who said they were hired by Dewani to carry out the murder had been tortured in police custody. He said: "Can you imagine what would have happened in Britain? The case would have been thrown out."

In the TV interview, Semelani caused further anger by saying: "As a matter of fact, Mr Dewani is a fugitive because he ran away, he ran out of a country, there was a warrant of arrest for him so as a fugitive we then informed Interpol that we would like an international arrest warrant issued for him, so he was flagged internationally ... he can't go anywhere, basically."

Yet Dewani left South Africa with the consent of police ? who even helped him avoid the media at the airport ? three weeks before an arrest warrant was issued.

Lawyers for the Briton, who has severe post-traumatic stress disorder and clinical depression, will argue that he will not receive a fair trial if he is extradited.

He is next due before City of Westminster magistrates on 23 March.

Clifford said he would be "astonished" if the remarks by Simelane were not used by the defence at a three-day extradition hearing, set for 3-5 May.

The NPA said Simelane's comments had been taken out of context. Spokesperson Mthunzi Mhaga told South Africa's Sunday Independent: "This is unfair. We have repeatedly said that Dewani would have a fair trial and that we have one of the best constitutions and a respected judicial system. We are confident that he will be extradited to South Africa."


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Source: http://www.guardian.co.uk/world/2011/feb/20/south-african-prosecutor-shrien-dewani

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