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Wednesday 4 May 2011

Honeymoon murder accused Shrien Dewani told a friend he would have to "find a way out" of his engagement to his fiancee, Anni

Appearing for the South African government on the first day of Dewani's extradition hearing in the Belmarsh Magistrate's Court in London yesterday, lawyer Hugo Keith said a witness came forward earlier this year and made an affidavit claiming Dewani was looking for a way out of his impending marriage.

"He said although she was a nice, lovely girl whom he liked, he could not break off the engagement because he would be disowned by his family. He went on to say to the witness he needed to find a way out of it," said Keith.

The witness, whom Keith was not prepared to name, was befriended by Dewani last September. Dewani told the witness of his reluctance to marry the following month.

Keith said the witness was also prepared to back up his statement with testimony in court, should Dewani stand trial in South Africa.

"I will not divulge information about the witness or too much about the contents of the statement. But one aspect of it will be relevant for the purpose of [the] extradition hearing," said Keith.

Dewani, 31, is wanted in South Africa to stand trial for murder after allegedly ordering the killing of his 28-year-old bride in November last year while on honeymoon in Cape Town. He is alleged to have hired their taxi driver, Zola Tongo, to arrange a fake hijacking in which she was killed.

Tongo admitted to having hired Xolile Mngeni, 23, and Mziwamadoda Qwabe, 28 - who are still awaiting trial - to commit the murder for which they were together paid R15000. He entered into a plea bargain agreement with the state and is now serving an 18-year jail term.

Dewani, who is being held at the Fromeside Clinic, a psychiatric clinic in Bristol under a court order, sat in the dock muttering softly to himself, staring at his hands, never looking up.

On request of his lawyer, Clare Montgomery, QC, he was granted leave to return to the clinic for treatment after attending court for an hour.

Dewani was supported by his family who sat in the courtroom. Anni's family sat apart from them in the balcony and the two sides avoided each other during tea and lunch breaks.

Dewani will return to court in July when evidence regarding his psychiatric condition will be heard.

Yesterday, his lawyers used the parlous state of South African prisons to attempt to stop a possible extradition order. They argued that Dewani was in danger of being gang-raped in custody if he was extradited to South Africa.

Sasha Gear, a former researcher in the Criminal Justice Programme at the Centre for the Study of Violence and Reconciliation, testified via video link that gangsterism and rape have become part of the country's prison culture.

Gear said it "has become accepted in the general public understanding" in South Africa that imprisonment can be associated with sexual assault, and this acceptance implies that inmates deserve punishment beyond incarceration.

Montgomery said the infamous "Pappa wag vir jou" (Daddy is waiting for you) advertisement on South African TV - which refers to sex abuse in prison to deter people from drinking and driving - will be broadcast in court later this week to emphasise the point.

Gear said her research showed that Dewani, as a good-looking, young, alleged first-time offender with no knowledge of the gang structure in South African prisons, would become a particularly easy target of gangs and sexual violence.

She refuted assurances that Dewani would be safe if he was held in a single cell in the Goodwood prison in Cape Town while awaiting trial, and in a single cell in the Malmesbury Medium prison if found guilty and considered a medium risk. The South African authorities have also promised to incarcerate him in a single cell in the Brandvlei Maximum prison if it was found that he was a serious risk offender.

Gear said this would not guarantee his safety as gangs could get to him while he was being transported to court, in court holding cells while moving around in prison, or receiving food.

The case continues today with testimony by former South African judge, Deon van Zyl, who is expected to testify about general conditions in South African prisons and the criminal justice system.

 

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