Nirav Mod is preventing extradition costs associated to the PNB fraud case. (File)
London:
Fraud-accused jeweller Nirav Modi’s authorized workforce on Tuesday alleged that he’s unlikely to get a good trial in India as a result of politicisation of his case and the diamond service provider faces a “excessive threat of suicide” as a result of lack of enough medical services in Indian prisons.
The 49-year-old fugitive diamond service provider is preventing extradition costs associated to the estimated $2-billion Punjab Nationwide Financial institution (PNB) fraud and cash laundering case introduced by the Indian authorities at Westminster Magistrates’ Courtroom in London.
On the second day of Nirav Modi’s five-day extradition listening to, the court docket was instructed a couple of “marked decline” in his psychological well being at Wandsworth Jail in south-west London, the place stricter coronavirus curbs have meant an absence of entry to inhouse counselling services and really restricted contact with household, with solely 25 minutes allowed outdoors his cell in July.
“He has more and more suffered from extreme despair and the most recent evaluation reveals he’s on the brink of being topic to hospitalisation except given correct remedy… and his health to plead could also be doubtful right here or within the requesting state (India) given a excessive threat of suicide,” Nirav Modi’s counsel Clare Montgomery mentioned.
She claimed that the supply of psychiatric assist in Indian prisons was “completely insufficient”.
“The laconic assurance [of the government in India] and the jail video to say that he shall be saved in humane circumstances seems to be utterly insufficient when one bears in thoughts his psychiatric situation and as well as the looming menace of COVID,” Ms Montgomery mentioned.
Throughout the listening to, Justice Samuel Goozee was taken by official Indian prisons knowledge, together with statistics on coronavirus instances at Arthur Highway Jail in Mumbai the place Nirav Modi is to be held if he’s extradited.
Ms Montgomery additionally laid out her plans to depose additional skilled witnesses in the course of the course of week, together with a former Supreme Courtroom choose referred to solely by his final identify of Katju.
The Nirav Modi case has been made a “political subject, with no presumption manufactured from innocence,” Ms Montgomery instructed the court docket. She claimed that as a result of the jeweller had been made right into a “hate determine” in India, there was an “overwhelming political necessity” to sentence him and see him convicted.
Nirav Modi’s authorized workforce additionally indicated plans to depose an skilled in tropical drugs in an try to counter the federal government claims that the COVID-19 outbreak reported at Arthur Highway Jail in Mumbai in Might had been introduced underneath management.
“What’s claimed is inconceivable and the administration of COVID-19 inside Arthur Highway Jail doesn’t add up,” Ms Montgomery instructed the choose.
The defence arguments comply with the Crown Prosecution Service (CPS) opening the second a part of the extradition trial on Monday on behalf of the Indian authorities, which targeted on establishing a prima facie case of fraud and cash laundering in opposition to Nirav Modi.
CPS barrister Helen Malcolm took Justice Goozee by detailed witness statements by so-called “dummy administrators” together with Ashish Lad, who recorded a video again in June 2018 to say that his life had been threatened by Nirav Modi.
She laid out particulars of how as the main points of the fraud had been starting to emerge, the jeweller began by hiding a lot of the proof, specifically the originals of “letters of enterprise” (LoUs) from PNB, after which went on to “threaten, intimidate, cajole and bribe officers”.
“He destroyed mobiles of dummy administrators and threatened one of many witnesses with demise,” Ms Malcolm instructed the court docket.
Nirav Modi, wearing a darkish go well with and white shirt, has been observing the court docket proceedings remotely from a room in Wandsworth Jail and referring to bundles of paperwork laid out earlier than him now and again.
He’s topic to 2 units of legal proceedings, the primary introduced by the CBI referring to a large-scale fraud mentioned to have been dedicated upon PNB and the ED case, referring to the laundering of the proceeds of that fraud.
An additional extradition request was made in February this yr, licensed by UK Dwelling Secretary Priti Patel, of two further offences referring to allegations that Nirav Modi interfered with the CBI investigation by inflicting the disappearance of proof and intimidating a witness.
The CPS should set up a prima facie case in opposition to Nirav Modi to permit the choose to rule that he has a case to reply earlier than the Indian courts. If the choose finds a prima facie case in opposition to Nirav Modi, it would return to Patel to formally certify his extradition to India to face trial.
A ruling within the case is predicted on the finish of this yr after a closing listening to scheduled for December 1.
Nirav Modi has made repeated makes an attempt at bail over the previous yr, every of which had been turned down as he’s deemed a flight threat. The jeweller was arrested on March 19 final yr on an extradition warrant executed by Scotland Yard.
