Nirav Modi noticed the proceedings from a room in his Wandsworth Jail cell in south-west London (File)
London:
A UK choose, presiding over fugitive diamantaire Nirav Modi’s extradition case over the estimated USD 2-billion PNB fraud and cash laundering expenses introduced by India, rejected an software in search of a partial reporting ban at first of a five-day trial right here on Monday.
District Choose Samuel Goozee dismissed the applying after listening to representations in what he known as a “excessive profile case in India”, together with from members of the press current at Westminster Magistrates’ Courtroom who burdened the significance of free and truthful reporting of the proceedings.
Nirav Modi’s barrister, Clare Montgomery, utilized for the partial restriction as regards to a BJP press convention held in India in Could, giving “unfair commentary” on the proof given by former Indian Excessive Courtroom Choose Abhay Thipsay in the course of the first a part of the extradition trial.
Thipsay, as a member of the Congress social gathering, was accused of “social gathering political bias” in his knowledgeable authorized opinion, which challenged the Indian authorities’s case.
“Having gone over the transcript of the press convention, I’m happy it was given in a political context… opinions of politicians and commentary outdoors these proceedings are of no regard (to the case),” mentioned Justice Goozee, as he concluded that there was no proof of a considerable threat to the administration of justice which might necessitate restrictions on the media.
Modi’s authorized staff have as an alternative sought a written assurance from the Crown Prosecution Service (CPS), representing the Indian authorities within the extradition proceedings, that there could be no authorities commentary on additional proof given by Thipsay, scheduled by way of a videolink on Wednesday.
Barrister Helen Malcolm agreed to handle the request and went on to put out the Indian authorities’s case of intimidation in opposition to Nirav Modi.
A video was performed in courtroom to spotlight the diamond product owner’s position in coercion and loss of life threats in opposition to so-called “dummy administrators” linked to the businesses he owned.
In the meantime, Nirav Modi noticed the proceedings from a room in his Wandsworth Jail cell in south-west London, often referring to paperwork earlier than him and making notes.
The 49-year-old jeweller, who has been behind bars since his arrest in March final 12 months, appeared by way of a videolink wearing a darkish go well with and sporting beard and moustache.
Representatives from the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) have been in courtroom and logged into the distant courtroom community to watch the current their case.
The hearings this week are earmarked to finish arguments on the prima facie case in opposition to Modi after the Indian authorities submitted further “corroboratory proof” in Could.
It’ll then go on to cope with the extra extradition request, made by the Indian authorities and authorized by UK Residence Secretary Priti Patel earlier this 12 months, which add on the fees of “inflicting the disappearance of proof” and intimidating witnesses or “felony intimidation to trigger loss of life” in opposition to Modi.
Consistent with the coronavirus lockdown restrictions, Choose 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 primary leg of the extradition in Could, throughout which the sought to ascertain a prima facie case of fraud and cash laundering in opposition to Modi.
The choose has already mentioned that the separate extradition requests are inextricably linked, and he would due to this fact be handing down his judgment on the finish of listening to all of the arguments.
Extra hearings scheduled for November three, for the choose to rule on the admissibility of the proof that will probably be introduced earlier than him, and December 1, when each side will make their closing submissions, imply his ruling on whether or not Modi has a case to reply earlier than the Indian courts is predicted solely after the ultimate listening to in December.
The costs in opposition to the diamond service provider centre round his corporations Diamonds R Us, Photo voltaic Exports and Stellar Diamonds making fraudulent use of a credit score facility provided by the Punjab Nationwide Financial institution (PNB), often called “letters of enterprise” (LoUs).
The has instructed the courtroom that numerous PNB employees conspired with Modi to make sure LoUs have been issued to his firms with out guaranteeing they have been topic to the required credit score verify, with out recording the issuance of the LoUs and with out charging the required fee upon the transactions.
Nirav Modi’s staff has sought to counter allegations of fraud by deposing witnesses to ascertain the volatility of the gems commerce and that the LoUs have been commonplace observe.
Modi has made repeated makes an attempt at bail over the previous 12 months, every of which have been turned down as he’s deemed a flight threat.
The jeweller was arrested on March 19 final 12 months on an extradition warrant executed by Scotland Yard.
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