Published 23:03 IST, November 2nd 2020
Nirav Modi extradition case to enter final stages in UK court
The extradition case of fugitive diamond merchant Nirav Modi, wanted in India on charges of fraud and money laundering, is expected to enter its final stages at Westminster Magistrates’ Court in London on Tuesday.
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extrition case of fugitive diamond merchant Nirav Modi, wanted in India on charges of fraud and money laundering, is expected to enter its final sts at Westminster Magistrates’ Court in London on Tuesday.
49-year-old jeweller, fighting extrition in estimated USD 2-billion Punjab National Bank (PNB) scam case, will appear via videolink from Wandsworth Prison in south-west London for latest hearing in case, during which District Judge Samuel Goozee will hear his defence team's arguments against missibility of certain evidence provided by Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) in order to establish a prima facie case against accused.
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Crown Prosecution Service (CPS), arguing on behalf of Indian authorities, will stress that evidence meets required criteria for UK court to determine wher Modi has a case to answer before Indian judicial system.
jeweller is subject of two sets of criminal proceedings, with CBI case relating to a large-scale fraud upon PNB through fraudulent obtaining of "Letters of Understanding" (LOUs or loan agreements), and ED case relating to laundering of proceeds of that fraud.
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He also faces two ditional charges of "causing disappearance of evidence" and intimidating witnesses or “criminal intimidation to cause death” ded to CBI case.
Tuesday's hearing follows two separate sets of hearings in extrition case being presided over by Justice Goozee, first in May and n in September, during which CPS sought to establish Modi's fraudulent actions and played videos in court in support of ditional charges.
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Assurances of equate prison conditions were also provided by Indian government, including furr commitments of appropriate mental health care for Modi on being extrited.
defence team, on or hand, sought to t only establish that Modi’s actions related to PNB-issued LoUs did t amount to fraud but also deposed witnesses to highlight his severe depression and deteriorating mental health behind bars. se were furr ramped up at a bail hearing last week, when court was urged to allow Modi to be shifted to a specialist facility under strict bail conditions.
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However, Judge Goozee turned down plea, reiterating concerns from six previous bail attempts that Modi remains a flight risk who would abscond or interfere with case if granted bail.
After this week's hearing to determine missibility of evidence provided by Indian authorities, it has been indicated that case would move to a final hearing for judge to hear closing submissions in case from both sides, eir next month or early next year depending on outcome of Tuesday's hearing.
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A ruling by District Judge, which would determine wher case can be sent to UK Home Secretary Priti Patel to order Modi's extrition to India, is expected by next year, a few weeks after final hearing.
Modi, meanwhile, remains in prison since he was arrested on March 19, 2019, on an extrition warrant executed by Scotland Yard. charges against diamond merchant centre around his firms Diamonds R Us, Solar Exports and Stellar Diamonds making fraudulent use of a credit facility offered by PNB or LoUs.
CPS, on behalf of India, have told court that a number of PNB staff conspired with Modi to ensure LoUs were issued to his companies without ensuring y were subject to required credit check, without recording issuance of LoUs and without charging required commission upon transactions.
Modi’s team has sought to counter allegations of fraud by deposing witnesses to establish volatility of gems and jewellery tre and that LoUs were standard practice. His family history of suicide and severe depression have also been raised as part of arguments against extrition, which would make prison conditions at Barrack 12 in Mumbai’s Arthur Ro Jail inequate for Modi’s pre-trial incarceration in India.
(Photo Credit: PTI)
23:03 IST, November 2nd 2020