Nirav Modi seen the proceedings from a room in his Wandsworth Jail cell in south-west London (File)
London:
A UK select, presiding over fugitive diamantaire Nirav Modi’s extradition case over the estimated USD 2-billion PNB fraud and money laundering costs launched by India, rejected an utility looking for a partial reporting ban initially of a five-day trial proper right here on Monday.
District Select Samuel Goozee dismissed the equipment after listening to representations in what he known as a “extreme profile case in India”, along with from members of the press present at Westminster Magistrates’ Courtroom who pressured the importance of free and trustworthy reporting of the proceedings.
Nirav Modi’s barrister, Clare Montgomery, utilized for the partial restriction near a BJP press conference held in India in Would possibly, giving “unfair commentary” on the proof given by former Indian Extreme Courtroom Select Abhay Thipsay all through the primary part of the extradition trial.
Thipsay, as a member of the Congress celebration, was accused of “celebration political bias” in his skilled approved opinion, which challenged the Indian authorities’s case.
“Having gone over the transcript of the press conference, I am glad it was given in a political context… opinions of politicians and commentary exterior these proceedings are of no regard (to the case),” talked about Justice Goozee, as he concluded that there was no proof of a substantial menace to the administration of justice which could necessitate restrictions on the media.
Modi’s approved crew have instead sought a written assurance from the Crown Prosecution Service (CPS), representing the Indian authorities throughout the extradition proceedings, that there will be no authorities commentary on further proof given by Thipsay, scheduled by the use of a videolink on Wednesday.
Barrister Helen Malcolm agreed to cope with the request and went on to place out the Indian authorities’s case of intimidation in direction of Nirav Modi.
A video was carried out in court docket docket to deal with the diamond product proprietor’s place in coercion and demise threats in direction of so-called “dummy directors” linked to the companies he owned.
Within the meantime, Nirav Modi seen the proceedings from a room in his Wandsworth Jail cell in south-west London, ceaselessly referring to paperwork sooner than him and making notes.
The 49-year-old jeweller, who has been behind bars since his arrest in March ultimate yr, appeared by the use of a videolink carrying a darkish go effectively with and sporting beard and moustache.
Representatives from the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) had been in court docket docket and logged into the distant court docket docket group to take a look at the present their case.
The hearings this week are earmarked to complete arguments on the prima facie case in direction of Modi after the Indian authorities submitted additional “corroboratory proof” in Would possibly.
It could possibly then go on to maintain the additional extradition request, made by the Indian authorities and licensed by UK Dwelling Secretary Priti Patel earlier this yr, which add on the prices of “inflicting the disappearance of proof” and intimidating witnesses or “felony intimidation to set off demise” in direction of Modi.
In line with the coronavirus lockdown restrictions, Select Goozee had directed Modi”s look from jail, with social distancing norms in place for the part-remote setting of the hearings.
He had presided over the first leg of the extradition in Would possibly, all through which the sought to find out a prima facie case of fraud and money laundering in direction of Modi.
The select has already talked about that the separate extradition requests are inextricably linked, and he would subsequently be handing down his judgment on the end of listening to all the arguments.
Further hearings scheduled for November 3, for the select to rule on the admissibility of the proof that may be launched sooner than him, and December 1, when all sides will make their final submissions, suggest his ruling on whether or not or not Modi has a case to answer sooner than the Indian courts is predicted solely after the final word listening to in December.
The charges in direction of the diamond service supplier centre spherical his firms Diamonds R Us, Picture voltaic Exports and Stellar Diamonds making fraudulent use of a credit score rating facility equipped by the Punjab Nationwide Monetary establishment (PNB), typically often known as “letters of enterprise” (LoUs).
The has suggested the court docket docket that quite a few PNB staff conspired with Modi to verify LoUs had been issued to his companies with out guaranteeing they’d been subject to the required credit score rating study, with out recording the issuance of the LoUs and with out charging the required payment upon the transactions.
Nirav Modi’s crew has sought to counter allegations of fraud by deposing witnesses to find out the volatility of the gems commerce and that the LoUs had been commonplace observe.
Modi has made repeated makes an try at bail over the earlier yr, each of which had been turned down as he is deemed a flight menace.
The jeweller was arrested on March 19 ultimate yr on an extradition warrant executed by Scotland Yard.
