[Opinion] Extradition of Shrien Dewani

[ChrisNG53]

Let us be clear. On the evidence SA is in trouble in the extradition proceedings, assuming Shrien Dewani's legal team is sharp.
You see the test for the court will be whether or not SA "can be trusted" to give the bugger a "fair trial", not whether he is guilty or innocent.
Now on this test, we are in big trouble considering that, on historical evidence, it can be easily shown that -
1. there is selectivity as regards prosecution (prosecuting only Shaik and not also Zuma)
2. there is political interference in prosecution (non other than Vusi Pilkoli alleges this)
3. there is police distortion of evidence (Yengeni)
4. there is corrupt "deal brokering" between the police and crooks at the highest level (for which the Commissioner of Police, Selebi has been actually convicted. This case is also founded on "a deal" brokered with a convicted murderer)
5. there is a political motive to "get Diwani" (we have already said that this case has brought SA into disrepute, even though murder and rape is already a pandemic in this country) This point is a killer
6. it is therefore not at all surprising that the Police Commissioner,Cele, has contemptuously "trampled" all over Dewani's rights to be presumed innocent, by referring to him as a "monkey" .... ..and here we get buried
7. with Cele then completely discrediting himself (and by extension our system) by brazenly lying about whether or not he was referring to Dewani. ... and a tombstone erected

In short our whole criminal justice system stands to be comprehensively discredited as one that cannot "be trusted" to give a British citizen a "fair trial".

8. and as regards the Western Cape court, that will try Dewani, non other than its Judge President (Hlophe) alleges a conspiracy by the most senior judges in the land and "unfairness" in his matter. So if even the JP of the very court that is set to try Dewani cannot get justice, what are the chances for Dewani .... ?

9. ... and, of cause, the state of our prisons ... I just cannot see us wriggling out of this one

As said Dewani's legal team can quite easily "crucify" our criminal justice system and our "General" Cele has given them quite a boost ....

As an experienced advocate I would love to argue this on on behalf of Dewani.

[Dave A]

Interesting one.

It would set a pretty nasty precedent for us as a country if SA does not succeed in getting the extradition.

SA - the place to get away with murder... Not a tag I'd like to see on us.

[desA]

Shrien seems to be the innocent victim in this situation.

[ChrisNG53]

Extradition of Shrien Dewani

DesA - For now his guilt or innocence will not be the issue. The issue for the British Court will be whether or not our criminal justice system past musters basic criteria as regards a "fair trial" and "fair punishment".
In my humble view we are in trouble on both counts.

Dave A - murder is a pandemic in SA and any number of thugs are getting away with it, including the whole Aglioti cabal ....

[garthu]

DesA - For now his guilt or innocence will not be the issue. The issue for the British Court will be whether or not our criminal justice system past musters basic criteria as regards a "fair trial" and "fair punishment".
In my humble view we are in trouble on both counts.

Dave A - murder is a pandemic in SA and any number of thugs are getting away with it, including the whole Aglioti cabal ....

As an experienced advocate I would love to argue this on on behalf of Dewani.

Chris, hear you! This would almost be easy. My view, there is always more to it than meets the eye and all the comments make it exactly that... an advocates dream. Now are the comments planned?? Possibly food for thought afterall a few mil spread here and there gos a long way.

The reality is i see this guy getting away with it. Nasty because as Dave A says, this would be damaging. Welcome to corruption??

[ChrisNG53]

Extradition of Shrien Dewani

Thanks Garthu. My respectful advice to our President is that he drops the thing, admitting that "regrettably inappropriate statements have been made" and contacts Belgium which has a right to try the accused as the victim was a Belgium national.

I have this fear that SA stands to be "rubbished" big time. There is just so much ammunition available to make out the case that our system stinks from any number of aspects.

The case that a British citizen cannot be "safely" tried and/or "punished" here is usually attractive to me as an advocate.

And remember the final appeal is to the House of Lords where "politics" and "law" are in happy symbiosis.

[Dave A]

And remember the final appeal is to the House of Lords where "politics" and "law" are in happy symbiosis.

Doesn't this make it a bit like the pot calling the kettle black?

How can Britain be critical of allegations of political tampering in our justice system when they've got much the same, if not worse going on there?

[ChrisNG53]

Extradition of Shrien Dewani

Dave A - not sure about political tampering in the criminal justice system in the UK.

However, even if this has occurred in the UK it won't frustrate the argument. The counter that "oh, but we also have this nonsense here" will not sit well with any judge worth his/her salt.

The real point however, is that this is but one of a battery of points that can be leveled against SA.

[flaker]

Unfortunately, law is not an exact science.Judgements go either way, no matter how well the arguments. Remember Nicole Kidman? Jeffery Archer against the British paper group?Am sure the Brithish courts will look at the severity of the crime as well as that dossier sent by the South African authorities that may contain facts that we have not yet been privy too.So now Dewani is extradited to South Africa so we conclude that the British courts found that he would receive a fair trial & no corruption exists in our courts.

Dewani appears in the S.A. courts & is found not guilty as the main state witness (Nassif number 2) was found to be lacking credibility or whilst there might have been a case there was not sufficient evidence for a successful prosecution. Whatever.

Did Dewani's family's millions have any thing to do with the verdict?