The Westminster magistrate's court has admitted all evidence presented by the Indian government in its attempt to extradite businessman Vijay Mallya, except emails that the defence claimed were privileged interaction between Mallya and his lawyer about “legal advice”. Chief magistrate Emma Arbuthnot said she was “Still sitting on the fence about them.” She said closing submissions in his extradition trial will take place on July 11 with the judgment expected soon afterwards.
“Everything is in except for LPP (legal professional privilege),” she said. Arbuthnot's reference was to the emails. The prosecution had sought for those emails, which would normally be privileged, to become part of their evidence, claiming they proved the businessman had fraudulent plans to avoid his liabilities to the banks. However, Mallyas' lawyer Ben Watson pointed there was still no “log from a police officer” on much of it. Arbuthnot responded saying, “I am content on admissibility if it is covered by a statement from an officer.” She also asked for affidavits regarding money laundering which remain missing.
Mark Summers QC, who represents the Indian government, undertook to get statements attesting to the accuracy of their evidence within seven days, to which Watson would have 10 days to respond. Mallya, who is wanted in India to face charges of fraud and money laundering amounting to £900 million, had his £650,000 bail extended until the next date of hearing on July 11. Oral submissions will be made on closing arguments to be submitted to Arthbuthnot over the next two months, when the court reconvenes. Then, the judge is expected to indicate plans for a verdict in the case at the next hearing.
The trial, which opened at the London court on December 4 last, is aimed at laying out a prima facie case of fraud against Mallya, who has been based in the UK since he left India in March 2016. It also seeks to prove there are no “bars to extradition” and that he is assured a fair trial in India over his now-defunct Kingfisher Airlines’ alleged default of over £900 million in loans from a consortium of Indian banks. The CPS has argued that the evidence they have presented establishes “dishonesty” on the part of the businessman and that there are no bars to him being extradited from the UK to face Indian courts.
Mallya’s defence team has deposed a series of expert witnesses to claim that he had no “fraudulent” intentions and that he is unlikely to get a fair trial in India. If the judge rules in favour of the Indian government, the UK Home Secretary will have two months to sign Mallya’s extradition order. However, both sides will have the chance to appeal in higher courts in the UK against the Magistrates’ Court verdict.
