Shrien Dewani (File photo)
London:
British Indian businessman Shrien Dewani today lost his bid to block his extradition to South Africa, where he is accused of murdering his Indo-Swedish wife while on their honeymoon in 2010.
Shrien can be extradited to South Africa to stand trial, UK's High Court ruled.
Lawyers for the 33-year-old, who is suffering from post-traumatic stress disorder, had argued that he should not be sent to South Africa until he was fit to plead over the killing of his wife Anni in November 2010.
But judges ruled he can be extradited as long as the South African government pledges to return him to the UK in case he ultimately proved unfit to be tried.
Lord Thomas, in his ruling, said, "In the event of the appellant (Shrien) being found unfit to be tried, he will be free to return to the UK, unless there is found to be a realistic prospect of him being tried within a year or other stated reasonable period of that finding and the trial takes place within the period".
The South African government has signalled it would give such an undertaking, the court heard.
Anni's cousin, Amit Karia, said her family was happy with the ruling.
"We have waited for it for three years, three months. It seems a step closer to finally getting justice for our Anni," he said.
Shrien, who remains in a Bristol-based mental facility, has been fighting removal from the UK for over three years and has denied the allegation of plotting the killing of his 28-year-old wife on the outskirts of Cape Town.
The couple had been kidnapped at gunpoint as they drove through the Gugulethu township in a taxi in 2010.
While Shrien was released unharmed, the next day the body of Anni was found in the car with injuries to her head and chest.
A panel of three High Court judges, headed by the Chief Justice Lord Thomas, had ruled last October that Shrien's extradition case must be reopened to consider two key issues - his status as "an accused person" and whether it would be "unjust and oppressive" to extradite him "regardless of the prognosis" of his mental condition.
While the ruling today means he can now be extradited, his family could yet lodge an appeal with the Supreme Court.
Last year, South African Xolile Mngeni was convicted of the premeditated murder of Anni and jailed for life.
Prosecutors claimed he was a hitman hired by Shrien to kill his wife, a charge he has always denied.
The couple's taxi driver, Zola Tongo, was jailed for 18 years after he admitted his part in the killing and another accomplice, Mziwamadoda Qwabe, also pleaded guilty to murder and was handed 25 years in prison.
Shrien's family have said he remains committed to returning to South Africa "when his health would permit a full trial and when appropriate protections are in place for his health and safety".
Shrien can be extradited to South Africa to stand trial, UK's High Court ruled.
Lawyers for the 33-year-old, who is suffering from post-traumatic stress disorder, had argued that he should not be sent to South Africa until he was fit to plead over the killing of his wife Anni in November 2010.
But judges ruled he can be extradited as long as the South African government pledges to return him to the UK in case he ultimately proved unfit to be tried.
Lord Thomas, in his ruling, said, "In the event of the appellant (Shrien) being found unfit to be tried, he will be free to return to the UK, unless there is found to be a realistic prospect of him being tried within a year or other stated reasonable period of that finding and the trial takes place within the period".
The South African government has signalled it would give such an undertaking, the court heard.
Anni's cousin, Amit Karia, said her family was happy with the ruling.
"We have waited for it for three years, three months. It seems a step closer to finally getting justice for our Anni," he said.
Shrien, who remains in a Bristol-based mental facility, has been fighting removal from the UK for over three years and has denied the allegation of plotting the killing of his 28-year-old wife on the outskirts of Cape Town.
The couple had been kidnapped at gunpoint as they drove through the Gugulethu township in a taxi in 2010.
While Shrien was released unharmed, the next day the body of Anni was found in the car with injuries to her head and chest.
A panel of three High Court judges, headed by the Chief Justice Lord Thomas, had ruled last October that Shrien's extradition case must be reopened to consider two key issues - his status as "an accused person" and whether it would be "unjust and oppressive" to extradite him "regardless of the prognosis" of his mental condition.
While the ruling today means he can now be extradited, his family could yet lodge an appeal with the Supreme Court.
Last year, South African Xolile Mngeni was convicted of the premeditated murder of Anni and jailed for life.
Prosecutors claimed he was a hitman hired by Shrien to kill his wife, a charge he has always denied.
The couple's taxi driver, Zola Tongo, was jailed for 18 years after he admitted his part in the killing and another accomplice, Mziwamadoda Qwabe, also pleaded guilty to murder and was handed 25 years in prison.
Shrien's family have said he remains committed to returning to South Africa "when his health would permit a full trial and when appropriate protections are in place for his health and safety".
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