Shrien Dewani can be extradited to South Africa to stand trial for the murder of his wife while on honeymoon, London Judge Howard Riddle said on Wednesday, saying that the hardships he would face there would fall short of oppression.
However, the judge said the decision on whether to extradite Dewani would need to be approved by Home Secretary Theresa May.
South African authorities want Dewani (31), from Bristol in south-west England, to be sent back to the country so he can be put on trial for the murder of his Swedish-born wife Anni (28) in Cape Town last November.
The newlyweds were being driven through the dangerous township of Gugulethu when their taxi was hijacked on November 13. Dewani was thrown out of the vehicle while his wife was driven off and shot dead.
Dewani apparently told a witness that he “needed a way out” of his marriage to Anni.
He denies any involvement and has fought extradition proceedings, arguing that he is suffering from severe post-traumatic stress disorder and is too unwell to be extradited.
“I must send this case to the secretary of state for a decision to determine whether he is to be extradited,” said Riddle in his ruling on Dewani.
The judge said there would be “undoubted hardship” for Dewani if he were extradited to South Africa.
“However, when all relevant factors are considered, the risk of hardship falls short of oppression. The public interest in extradition and trial outweighs the competing hardship,” Riddle told Belmarsh Magistrate’s Court in London.
A spokesperson for the Home Office, or interior ministry, said the court had found “there were no statutory bars” to Dewani’s extradition, but added: “The secretary of state will now decide whether to order his extradition.”
Dewani’s lawyers can also appeal against the decision to higher courts, meaning a final decision may be some months away. — Sapa, AFP, Reuters