‘SA citizens - SA legal system is corrupt - Amicus challenge to Dewani extradition’ - The South African

SA citizen challenges Dewani extradition

A South African woman, who lodged an appeal against Dewani’s extradition with the Westminster Magistrate's Court, claims that SA’s legal system is corrupt

01 February 2011 7:15
Rob Boffard, The South African
editor@thesouthafrican.com

Lara Johnstone, 43, filed an Amicus Curiae application with the Westminster Magistrate’s Court from South Africa, presenting an argument that Dewani would not receive a fair trial if extradited to South Africa and should be allowed to stand trial in the UK. The case was presented at the start of Dewani’s extradition trial on 20 January, which was postponed to 8 February, due to Dewani’s health.

On Tuesday 1 February, Dewani's publicist Max Clifford said his client was still ill and would not be present at the 8 February hearing.

Johnstone, who works as a vermicompost worm farmer in George, South Africa, trained as a paralegal through Damelin, but has been unable to find work in the field since graduating.

Speaking to The South African, Johnstone said that she did not believe judicial standards in South Africa were the same as the UK. “I filed [the application] because I don’t think he’ll get a free and fair trial,” Johnstone said. “If we can’t give people free and fair trials, we should just set up bullets to the head.”

Nalini Gangen, director of the Cape Law Society, says, however, that Ms Johnstone’s views are “without substance or legal basis”.

“There is no reason to doubt that Mr Dewani would receive a fair hearing. South Africa has one of the best constitutions in the world and the Constitution provides for the instruments of democracy to be protected. The Constitution provides for the separation of powers and in particular the independence of the judiciary.

“South African legal processes are clearly defined and any accused would have the freedom of choice of legal representation.

“We have confidence in our judiciary,” she added.

Amicus Curiae, which translates as Friend Of The Court, refers to someone, unconnected to a case, who volunteers information to a court for a matter before it. It is filed in the form of an affidavit, and can be put to a court by any citizen or organisation at any time, even if they have no previous involvement in a case. Johnstone filed her application as a private citizen.

In the amicus application, Johnstone argues that the South African legal system is corrupt and inefficient, by using examples that Johnstone collected from the South African press. These include articles on a military judge who claimed that witchcraft made her attempt suicide, the covering up of crime statistics by former Western Cape police commissioner Mzwandile Petros, and a report from the Law Society Of South Africa which stated that a study of law students from the University of Cape Town found that 70% could not complete simple research tasks or use a computer.

Neither Westminster Crown Court nor Dewani’s legal team would comment on the amicus curiae application.

Johnstone herself is unsure if the courts will take her case seriously. “I have no idea [if the courts will take it seriously]. I can’t say. I would hope that they would look at the arguments and if they find any merits they will address them.”

Johnstone is also a writer for the controversial blog, Why We Are White Refugees, which made headlines last year after a white South African man, Brandon Huntley, claimed refugee status in Canada. Johnstone submitted a lengthy petition to the UN High Commission for Refugees on Huntley’s behalf.

Dewani, 31, is fighting extradition to South Africa and did not attend the start of his trial at the Westminster High Court, due to “acute stress disorder”. Julian Knowles, Dewani’s solicitor, told the court that his client had been judged by a psychiatrist to be “suffering acute stress disorder and a depressive adjustment disorder and so is unfit to attend court”.

Questions remain about why Dewani is fighting extradition and not returning to South Africa to face the trial.

The family refutes allegations that he is hiding from justice and evading the legal process. “Ultimately, defeating extradition may not resolve the truth, but the reason he is not consenting to extradition at present is because he is genuinely not fit and well to return to South Africa and has serious concerns over the handling of his case,” a family spokesman told the Evening Post on Monday.

The next hearing takes place on 8 February. Dewani’s legal team recently engaged top Cape Town lawyer Taswell Papier to assist in his defence.

WHAT DO YOU THINK? Is Lara Johnstone’s appeal justified or simply clutching at political ammunition?

Write to: editor@thesouthafrican.com or leave your comment below.

Retraction:

In the Tuesday 1 February 2011 print issue of The South African newspaper, distributed in London, we incorrectly printed that Lara Johnstone had flown to London to lodge the appeal herself, which is not the case. Ms Johnstone filed the Amicus Curiae application from South Africa. We apologise for the confusion caused.

» » » » [The South African] [PDF of Print Issue]

UK Ind. Party (UKIP) Request to City of Westminster Clerk of Court; RE: Dewani Amicus Curiae Application

25 January 2011
Andrea Muhrrteyn
Why We Are White Refugees

Nigel Farage, UKIP MEP in the European Parliament, for South East Region requested City of Westminster Magistrates Court to please provide the courts response to the Amicus Curiae Application filed by Lara Johnstone in RSA v. Shrien Dewani.

Mr. Farage believes that any applicant who files a legal application to the clerk of the court, should receive a written answer, even if such an application is unusual; and that he trusts that the court shall 'issue the requisite notice of a decision, without further delay.'

The UK Independence Party (UKIP) are a libertarian party seeking Britain's withdrawal from the European Union.

Johnstone filed an Application to Proceed as an Amicus Curiae in the Republic of South Africa (RSA) vs. Shrien Dewani Extradition matter (PDF), with the City of Westminster Magistrates Court Clerk of the Court, on 18 January, two days before the recent 20 January preliminary hearing.

» » » » [Read Further]

Amicus Applic. to Dewani’s Judge: SA is a criminal mafia parasite state: Descartian Jurisprudence does not exist in ‘Rainbow Hypocrisy SA’

19 January 2011
Andrea Muhrrteyn
Why We Are White Refugees

London, UK (19-Jan-2011): An Application was filed with the City of Westminster Magistrates Court late yesterday, by a South African citizen in support of Dewani's case to oppose his extradition to South Africa. The Amicus Application accuses the South African Government of being a "criminal mafia parasite state that breeds and feeds crime, for political and financial benefit of the TRC FRAUD elite".

Shrien Dewani, 31 from Bristol is accused by the South African government of being the mastermind behind the murder of his wife, Anni Dewani (Hindocha), 28, when they were hijacked in Gugulethu, a township near Capetown on November 13, 2010.

The murder made world headlines, and four South Africans have been arrested, one (the taxidriver) sentenced to 18 years in prison. Dewani was allowed to return to Britain, but the SA Police subsequently charged him with being the mastermind. He says he is being used as a scapegoat to protect South Africa's tourism industry.

The Amicus supports a private prosecution of Mr. Dewani in UK Courts, with Impartial, Competent EU Judge and Jury, as the only means Hindocha & Dewani families will receive a free and fair trial, to determine Mr. Dewani’s guilt or innocence based on Descartian worldview concepts of evidence.

The Amicus Application states that the citizen's experience of going through multiple trials in South Africa, for the past nine years, where she has "never received anything remotely resembling a Descartian Heuristic / Western Civilization concept of a free and fair trial".

» » » » [Read Further]

Radical Honesty SA Questions to V&A Waterfront: 'Public Relations Censorship & Deception' of Crime in SA, by SA Media

13 January 2011
Andrea Muhrrteyn
Why We Are White Refugees
Updated @ 16:13 hrs with V&A Response

Radical Honesty SA Questions to V&A Waterfront: 'Public Relations Censorship & Deception' of Crime in SA, by SA Media [Large]

Radical Honesty SA Questions to V&A Waterfront Spokesperson Ms. Emma King (who works for Corporate Image), about 'Public Relations Censorship & Deception' of Crime in SA, by the South African Media

Radical Honesty SA contacted the V&A Waterfront to speak to their Spokesperson Ms. Emma King, after reading the news article: WATERFRONT CONFISCATES HATE FLYERS: Pamphlets targeting V & A tourists tell of 'white genocide' on former Sunday Times journalist, Adriana Stuijt's blog: Censorbugbear: Boer-Genocide Protests: Paris, Cape Town, Randburg.

The V&A receptionist informed Radical Honesty SA, of Ms. King's cell phone number. When asked for a landline number, the receptionist said she did not have the landline number, but Ms. King works for the company known as Corporate Image, and can be contacted there.

» » » » [Read Further]

Radical Honesty SA Open Letter to Dewani and Hindocha families: Shrien Dewani has zero% chance of fair trial in South Africa.

31 December 2010
Andrea Muhrrteyn
Why We Are White Refugees

Radical Honesty SA Open Letter to Shrien Dewani and Anni Hindocha’s friends and family: Shrien Dewani has zero% chance of fair trial in South Africa.

Response to Open Letter to Shrien Dewani, from anonymous friends of Annie Dewani / Hindocha, published on 31/12/2010 in The Sun: Anni’s Pals: We want some answers, Shrien.

31 December 2010

Dear Anni’s Anonymous Friends,

My response to you addresses the following statements in your letter to Mr. Dewani. I would suggest that if you follow my recommendations, you are far more likely to provide Mr. Dewani with a free and fair trial, where you can find the honest answers to your questions:

» » » » [Read Further]

Proudly SA Magistrates: Respect Their: Assassination HitLists, Pornography addictions, SMS sex-texting, 22 children, fraud, bribery, et al

Magistrate arrested over hit list

Isabel Venter, Zoutnet
Date: 21 January 2011

Controversial regional magistrate Ronnie Rambau was arrested yet again over the past weekend, this time on a charge of conspiracy to commit murder.

Rambau’s arrest follows the discovery of a hit list compiled in his own handwriting. The list was handed to members of the police’s Counter Intelligence Unit for investigation.

Among the names on the hit list is that of district magistrate Chris Mthombeni, district magistrate Marie Viljoen, senior state prosecutor André Weideman, district prosecutor Reino Mostert, district prosecutor Hylke Janse van Rensburg, senior prosecutor Deon Laminga and three policemen, one a captain and two sergeants. All nine are involved in Rambau’s pending corruption case in Musina.

Two local witch doctors, who turned state witnesses, stated that they had already received payment from Rambau to murder the people on the list. The one told police that he had been paid R850 to kill all nine, while the other was paid R3 500.

The complainant in the case, whose identity is being withheld at this stage for her own safety, handed the list to the police, fearing the worst. In her police statement, she says Rambau repeatedly told her that his gun was not for shooting birds, but for shooting people who made him angry.

» » » » [Read Further]