LEADING judges are being asked to block honeymoon murder suspect Shrien Dewani's extradition to South Africa until he is fit to stand trial.
Dewani is fighting extradition to face trial over his new wife Anni's death until he has recovered from mental health problems, including depression and post- traumatic stress disorder.
Dewani is accused of ordering the killing of his Anni, 28, who was shot after the couple were robbed in a taxi on the outskirts of Cape Town in November 2010.
Three local men were convicted over Mrs Dewani's death.
Dewani's lawyers have stressed at hearings that he will be willing to defend himself once fit to do so.
Yesterday's High Court proceedings centre on two issues: Dewani's status as "an accused person"; and whether it would be "unjust and oppressive" to extradite him "regardless of the prognosis" of his mental condition.
Lord Chief Justice Lord Thomas said that if Dewani's legal team won on the first issue, then Dewani "has to be discharged", but he "could be re-arrested, subject to him remaining in this country when he becomes fit".
In discussion with Clare Montgomery QC for Dewani, the judge said that, if successful on the second issue, then "you have another adjournment [and] he remains where he is until better and then goes". Dewani's lawyers say he is unfit to plead under English law and his "prognosis is not certain".
He is compulsorily detained in hospital under the Mental Health Act with his next annual review set for next May.
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