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Shrien Dewani 'could serve sentence in Bristol Prison' | Shrien Dewani 'could serve sentence in Bristol Prison' |
(about 1 hour later) | |
Shrien Dewani could serve his sentence in Bristol Prison if he is found guilty of plotting to murder his wife on their honeymoon, a South African legal expert has said. | Shrien Dewani could serve his sentence in Bristol Prison if he is found guilty of plotting to murder his wife on their honeymoon, a South African legal expert has said. |
Paul Hoffman, a former acting High Court judge in South Africa, said that option was very unusual, but could be arranged through an inter-governmental deal. | Paul Hoffman, a former acting High Court judge in South Africa, said that option was very unusual, but could be arranged through an inter-governmental deal. |
A UK Ministry of Justice spokesman said the department had prisoner transfer agreements with various countries but not with South Africa. However, that could change in the future. | A UK Ministry of Justice spokesman said the department had prisoner transfer agreements with various countries but not with South Africa. However, that could change in the future. |
"We hope to get more agreements with other countries and one of them may be South Africa," he said. | "We hope to get more agreements with other countries and one of them may be South Africa," he said. |
Anni Dewani, 28, from Sweden, was shot when a taxi in which the couple were travelling was hijacked in the Gugulethu township in Cape Town last November. | Anni Dewani, 28, from Sweden, was shot when a taxi in which the couple were travelling was hijacked in the Gugulethu township in Cape Town last November. |
South African prosecutors say they have evidence that Mr Dewani paid a taxi driver to arrange the murder and want him extradited to stand trial. | South African prosecutors say they have evidence that Mr Dewani paid a taxi driver to arrange the murder and want him extradited to stand trial. |
That extradition attempt was temporarily halted by the High Court on Friday on mental health grounds. | |
Mr Dewani, 32, from Bristol, denies any involvement in the killing. | Mr Dewani, 32, from Bristol, denies any involvement in the killing. |
Mr Hoffman, a director of the Institute for Accountability in Southern Africa, said that if extradited, it would be likely that Mr Dewani would be put on trial along with his co-accused, Mziwamadoda Qwabe, 25, and Xolile Mngeni, 23, at the High Court in Cape Town. | Mr Hoffman, a director of the Institute for Accountability in Southern Africa, said that if extradited, it would be likely that Mr Dewani would be put on trial along with his co-accused, Mziwamadoda Qwabe, 25, and Xolile Mngeni, 23, at the High Court in Cape Town. |
He faces charges of murder, conspiracy to commit murder, robbery with aggravating circumstances and obstructing the administration of justice. | He faces charges of murder, conspiracy to commit murder, robbery with aggravating circumstances and obstructing the administration of justice. |
'Good looking' | 'Good looking' |
It is also possible that Mr Dewani could be tried in the UK, Mr Hoffman added. | It is also possible that Mr Dewani could be tried in the UK, Mr Hoffman added. |
Care home owner Mr Dewani is said to be suffering from severe post-traumatic stress disorder and depression, and has fought extradition, arguing he is too unwell to face trial. | Care home owner Mr Dewani is said to be suffering from severe post-traumatic stress disorder and depression, and has fought extradition, arguing he is too unwell to face trial. |
In August, a judge ruled that Mr Dewani could be extradited to stand trial but that decision was reversed at the High Court. | |
It means the process will begin again after it was ruled the case should be remitted back to Westminster Magistrates' Court for a further hearing. | |
In May 2011, District Judge Howard Riddle had said he was satisfied Mr Dewani would receive the appropriate mental health care in South Africa. | |
Judge Riddle said he believed Mr Dewani would be held in a prison with good facilities and that he would be kept in a single cell. | |
But Mr Hoffman said the conditions in South African prisons were "atrocious". | |
"There is gross overcrowding, corruption, routine rape of inmates, intimidation, HIV/AIDS, TB. Gangs rule prisons. | "There is gross overcrowding, corruption, routine rape of inmates, intimidation, HIV/AIDS, TB. Gangs rule prisons. |
"I'm sure he [Mr Dewani] would be a kid gloves prisoner because of his high profile and his nationality but to spend a long sentence in a prison hospital is a pretty ghastly prospect." | "I'm sure he [Mr Dewani] would be a kid gloves prisoner because of his high profile and his nationality but to spend a long sentence in a prison hospital is a pretty ghastly prospect." |
'Baited breath' | 'Baited breath' |
Mr Hoffman said the option of spending time in a private hospital in South Africa under guard could also be available to Mr Dewani. | Mr Hoffman said the option of spending time in a private hospital in South Africa under guard could also be available to Mr Dewani. |
Taxi driver Zola Tongo, 31, from Bothasig, Cape Town, has been jailed for 18 years for murder, kidnapping, robbery with aggravating circumstances and perverting the course of justice. | Taxi driver Zola Tongo, 31, from Bothasig, Cape Town, has been jailed for 18 years for murder, kidnapping, robbery with aggravating circumstances and perverting the course of justice. |
Mr Hoffman said the state would be likely to lead the evidence with Mr Dewani's alleged motive for the killing, and it would be likely that Mr Tongo would be a witness. | Mr Hoffman said the state would be likely to lead the evidence with Mr Dewani's alleged motive for the killing, and it would be likely that Mr Tongo would be a witness. |
Mr Hoffman said: "I'm waiting with baited breath to see what motive they will suggest. | Mr Hoffman said: "I'm waiting with baited breath to see what motive they will suggest. |
"If there is no credible evidence of a motive, I think it would be difficult to prove guilt beyond a reasonable doubt." | "If there is no credible evidence of a motive, I think it would be difficult to prove guilt beyond a reasonable doubt." |
Mr Hoffman said that if convicted, Mr Dewani could be given a 15 to 25-year sentence. | Mr Hoffman said that if convicted, Mr Dewani could be given a 15 to 25-year sentence. |
"If I had been the judge, I would have postponed sentencing until after the trial of the people pleading not guilty," he said. | "If I had been the judge, I would have postponed sentencing until after the trial of the people pleading not guilty," he said. |
"It's going to turn into a credibility battle between those who say Mr Dewani was involved and those who say he wasn't. | "It's going to turn into a credibility battle between those who say Mr Dewani was involved and those who say he wasn't. |
"Cell phone records, SMS's, hotel and restaurant bills, all sorts of paper trails can show who was where when and what was going on when. | "Cell phone records, SMS's, hotel and restaurant bills, all sorts of paper trails can show who was where when and what was going on when. |
"If those point towards a conspiracy to which he was a party, he'll go down. | "If those point towards a conspiracy to which he was a party, he'll go down. |
"People go down for a long time - there is no death penalty in South Africa so that is something he doesn't have to worry about." | "People go down for a long time - there is no death penalty in South Africa so that is something he doesn't have to worry about." |