The British businessman accused of arranging for his new wife to be murdered while they were on honeymoon in South Africa would be “very vulnerable” to gang-related sexual violence if extradited and then imprisoned, a court heard.
Shrien Dewani’s good looks, and the fact that a woman was his alleged victim, would make him a target of gangs if he were sent back to South Africa and jailed, his extradition hearing in London was told.
Westminster magistrates also heard a claim from the South African authorities who said that before marrying Dewani allegedly told an acquaintance he needed to end the relationship but would be disowned by his family if he broke off his engagement.
South African lawyers want Dewani (31) from Bristol, to be extradited to face trial for allegedly plotting to have his wife, Anni Hindocha (28) killed in a staged car hijacking in Gugulethu near Cape Town.
Dewani’s legal team says he has severe post-traumatic stress disorder, prompted by the death, and that his human rights would be violated if he were sent into a prison system that did not protect him.
Two experts on South African jails were called, by Dewani’s side, to give evidence via video-link about the conditions he would face. They told the court some prisons were overcrowded, understaffed and rife with diseases, including TB and HIV/Aids. There was a shortage of medical staff and sick prisoners sometimes struggled to get access to the care and medicine they needed. Gangs used rape and sexual abuse as a punishment and to establish hierarchy.
‘Less manly’
Asked about the risk of sexual abuse, one of the experts, Sasha Gear, said Dewani lacked the street credentials to win the respect of other inmates. His good looks and an alleged crime seen as “less manly” would also put him at risk. She added that allegations of homosexuality associated with Dewani would be an additional problem.
At the opening of the hearing, Hugo Keith QC, for the South African authorities, said an unnamed witness claimed that Dewani had expressed concern about his relationship. “[Dewani] said although [Anni] was a nice, lovely girl, who he liked, he could not break out of the engagement because he would be disowned by his family. He [told] the witness he needed to find a way out of it.”
It is the first time the South African authorities have suggested any motive for the part they allege Dewani played in the killing, which happened in November last year. The witness is not going to give evidence at the extradition hearing but would be prepared to testify if Dewani were put on trial in South Africa.
Dewani’s friends and family, who maintain the marriage was not arranged and that the couple were genuinely in love, insist Dewani had nothing to do with her death.
Dewani is wanted for offences of kidnapping, robbery with aggravated circumstances, conspiracy to commit murder, and obstructing the administration of justice.
Keith alleged Dewani had hatched the plot to have his wife killed with the taxi driver who collected them at Cape Town airport. Next day as they drove through a township, the taxi was stopped by two gunmen. The taxi driver and Dewani were let out but Anni was driven away. Her body was found next day with a single gunshot wound to the neck.
As the hearing was opened, Dewani, who is being treated at a mental health hospital, sat slumped in the dock, mumbling to himself with his eyes half closed. He was later excused by the judge and allowed to return to hospital.
The hearing continues. – guardian.co.uk