Republic of South Africa v Dewani [2014] EWHC 153 (Admin), [2014] MHLO 3

If the RSA government were to give a suitable undertaking, it would not be oppressive or unjust to return Dewani to the RSA for trial. The undertaking would need to be to the following effect: "In the event of the appellant being found unfit to be tried, he will be free to return to the UK, unless there is found to be a realistic prospect of his being tried within a year (or other stated reasonable period) of that finding and the trial takes place within the period. In any event the appellant must be free to return in the event a Court in South Africa, having found him unfit to be tried, embarked on the process of determining under the Criminal Procedure Act 1977 whether he did the act."

Related judgments

Republic of South Africa v Dewani [2014] EWHC 153 (Admin), [2014] MHLO 3

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