/ 21 February 2011

Radebe says Dewani will receive fair trial in SA

Radebe Says Dewani Will Receive Fair Trial In Sa

Minister of Justice and Constitutional Development Jeff Radebe on Sunday dismissed as irrelevant comments by South Africa’s police chief and top prosecutor that Shrien Dewani was guilty.

He said the British national accused of having his wife murdered on their honeymoon in Cape Town would receive a fair trial if extradited from the United Kingdom.

“Let me reiterate once again that Mr Dewani is going to receive a fair trial in the Republic of South Africa,” Radebe told a media briefing.

“He has the right, like any other citizen that is protected and enshrined in our Constitution, to remain silent, he has a right to adduce evidence, challenge any evidence that will be put in court,” he said.

“Whoever says anything outside of the court process, it is totally irrelevant. The presiding officers, be they magistrates or judges, they uphold the rule of law … So Mr Dewani has no worry at all.

‘Case to answer’
“Everybody talks about this Dewani case. Mr Dewani himself through his lawyers, through his spin doctor Max Clifford … but the point of the matter is that our judges, our magistrates, they can never take decisions based on anything that is outside court.”

Radebe said he believed Dewani “has a case to answer”.

“I have no doubt that we have a good case and that he has to answer it.”

Concerns have been raised that comments by National Director of Public Prosecutions Menzi Simelane and police National Colice General Bheki Cele could compromise South Africa’s application to have Dewani extradited from Britain.

In December, Cele told reporters: “A monkey came all the way from London to have his wife murdered here.”

Newspaper reports on Sunday quoted Simelane as saying on national television last week: “This is a pure criminal matter of somebody who murdered his wife while he should be celebrating his honeymoon.”

Dewani’s extradition hearing is due to take place in early May. His legal team is reportedly examining how the trial would be conducted if an extradition order were granted.

Radebe insisted that Cele and Simelane’s comments would not prejudice the case.

“Whoever says anything about the case, whether it is General Cele, advocate Simelane or Max Clifford, is neither here nor there. What is guaranteed in our Constitution is the right to a free trial.” – Sapa