Nirav Modi’s Remand Prolonged In UK, Ultimate Hearings In January 2021
Nirav gave the impression in court docket by way of videolink from Wandsworth Jail in south-west London (Record Picture)
London:
Nirav Modi, sought after in reference to the estimated USD 2-billion Punjab Nationwide Financial institution (PNB) rip-off case, was once additional remanded in custody via a court docket in London listening to India’s extradition request for the diamond service provider
The 49-year-old gave the impression by way of videolink from Wandsworth Jail in south-west London, wearing a maroon sweater and carrying a complete beard, for his common 28-day call-over listening to at Westminster Magistrates’ Courtroom, the place Leader Justice of the Peace Emma Arbuthnot prolonged his remand for any other 28 days till December 29.
It is going to be any other quick videolink call-over listening to after which there may be simply over every week earlier than final submissions within the case, she instructed Nirav Modi, who spoke simplest to verify his identify and date of beginning.
The overall hearings within the extradition case are scheduled over two days, on January 7 and eight, 2021, when District Pass judgement on Samuel Goozee is scheduled to listen to final arguments from all sides earlier than he arms down his judgment a couple of weeks later.
On the remaining listening to within the case on November 3, Pass judgement on Goozee heard the arguments for and in opposition to the admissibility of sure witness statements supplied via the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) and dominated that the proof to determine a prima facie case of fraud and cash laundering in opposition to the fugitive diamantaire is extensively admissible.
He concluded that he regarded as himself certain via the former UK court docket rulings within the extradition case of former Kingfisher Airways leader Vijay Mallya.
The Crown Prosecution Provider (CPS), arguing on behalf of the Indian government, had wired that the proof, together with witness statements underneath Segment 161 of the Indian Code of Felony Process (CrPC), meets the specified threshold for the United Kingdom court docket to resolve whether or not Nirav Modi has a case to respond to earlier than the Indian judicial device.
The argument that it is a very explicit case, distinguishable from Vijay Mallya is frankly nonsense, mentioned CPS barrister Helen Malcolm.
That Vijay Mallya has a case to respond to in India in his fraud and cash laundering case has cleared more than a few ranges of the United Kingdom judicial device and is lately present process a confidential criminal factor earlier than UK House Secretary Priti Patel can imagine signing off on his extradition.
Nirav Modi’s barrister, Clare Sir Bernard Law, who was once additionally the defence suggest in Vijay Mallya’s case, then again, disputed that the Segment 161 witness statements qualify as equivalent.
The federal government of India case isn’t as robust because it was once in Vijay Mallya, mentioned Claire Sir Bernard Law, as she additionally raised a selected factor over a witness who was once mentioned to talk no English in his testimony for the CBI however signed a observation in English for the ED.
Nirav Modi is the topic of 2 units of prison complaints, with the CBI case in the case of a large-scale fraud upon PNB throughout the fraudulent acquiring of “Letters of Working out” (LOUs or mortgage agreements), and the ED case in the case of the laundering of the proceeds of that fraud. He additionally faces two further fees of “inflicting the disappearance of proof” and intimidating witnesses or prison intimidation to purpose demise added to the CBI case.
The jeweller has been in jail since he was once arrested on March 19, 2019, on an extradition warrant done via Scotland Backyard and his makes an attempt at in search of bail had been time and again became down. The costs in opposition to him centre round his companies Diamonds R Us, Sun Exports and Stellar Diamonds making fraudulent use of a credit score facility presented via PNB or LoUs.
The CPS, on behalf of India, have instructed the court docket right through the direction of 2 separate set of hearings in Would possibly and September that various PNB workforce conspired with Nirav Modi to verify the LoUs had been issued to his firms with out making sure they had been topic to the specified credit score take a look at, with out recording the issuance of the LoUs and with out charging the specified fee upon the transactions.
Nirav Modi’s defence staff has sought to counter allegations of fraud via deposing witnesses to determine the volatility of the gem stones and jewelry business and that the LoUs had been usual observe. His serious melancholy has additionally been raised as a part of the arguments in opposition to extradition.
(Excluding for the headline, this tale has now not been edited via TTN workforce and is revealed from a syndicated feed.)
