Fugitive diamantaire Nirav Modi appeared from prison through video link for the second phase of his five-day extradition hearing, that started in Westminster Magistrates Court on Monday 7 September and lasted till 11 September 2020. The hearing started amidst social distancing measures, in presence of District Judge Samuel Gooze. The 49-year-old jeweller is fighting extradition charges related to the estimated USD 2-billion Punjab National Bank (PNB) fraud and money laundering case brought by the Indian government, who were represented by the UK's Crown Prosecution Service (CPS). Justice Goozee had presided over the first leg of the extradition in May.
On the first day of the hearing, Mr Modi represented by Clare Montgomery QC requested judge to bar the members of the press from proceedings for the remarks made by the Indian law minister and said she was trying “to protect her client from political attacks”, to which the press was asked to make representations. However, Justice Gooze had dismissed the request and said, “sitting in private or postponement of evidence is refused.” Clare has been seeking a partial reporting ban on the proceedings following allegations of party-political bias against one of their expert witnesses from India, the retired Indian High Court judge Abhay Thipsay who reportedly said charges levelled by the CBI against fugitive jeweller Nirav Modi, which include criminal conspiracy, cheating and dishonestly inducting delivery of property, would not stand scrutiny under Indian law. The Union law minister Ravi Shankar Prasad had accused the Congress of making "sinister" efforts to bail out fugitive billionaire Nirav Modi.
During the hearing, prison conditions in India as well as Mr Modi’s serious mental health conditions played vital roles.
Mr Modi who appeared in a suit with a beard, sat so still that the Judge had to ask him to move from time to time, to ensure the video link was frozen.
Barrack 12 and tour of jail condition
CPS played a video, very similar to one played during Vijay Mallya’s extradition hearing who is also to be held in Barrack 12 used for lodging "high-profile offenders" in Maharashtra’s Arthur Road Jail. The video, with a voice-over confirmed that it was shot without any artificial light sources, gave a tour of the jail and specifically Barrack 12, which is currently unoccupied, but even if it were to be occupied by other inmates, it would still be "infinitely spacious".
Barrister Helen Malcolm representing Indian Government told Justice Goozee, "It was thought appropriate to present a more up-to-date video of Barrack 12…” It is seen to have adequate amenities and infrastructure, with enough space for daily exercise, natural light, attached bathroom, curtain for privacy, three ceiling fans, six tube lights and an LED tv.
Witnesses talk about mental health
On Thursday, which was the fourth day of the Nirav Modi trial in front of Judge Gooze at Westminster Magistrates Court, Professor Richard Coker, Dr Andrew Forrester and Dr Alan Mitchell gave witnesses. Professor Coke spoke about the risk of catching coronavirus should Nirav Modi be sent to Arthur Road Jail in Maharashtra, discussing the prison condition. The witness was all cross-examined by Crown Prosecution Service (CPS) barrister Helen Malcolm, who is arguing on behalf of the Indian government.
While Helen Malcolm, the barrister for Indian government tried to establish that Barrack 12, in Arthur Road Jail where Modi will be kept should he get extradited, is currently empty, isolated, with good ventilation, and has good access to clean water and washing facilities- so less chances of catching Covid-19, Clare Montgomery highlighted there have been 24 new Covid positive cases in the prison in August. She also as raised questions about transfer of virus from staff to barrack 12 prisoners or carrying the virus from other inmates at the jail to the isolated and empty barrack 12. Absence of enough medical officers in charge has also been highlighted to address the issue.
Dr Andrew Forrester gave evidence on Modi’s mental health, anti-depressants and risks in absence of counselling including suicidal thoughts. He also said that Nirav Modi’s mental health has been deteriorating over the period.
Dr Alan Mitchell, a licensed medical practitioner and a former medical officer with the Scottish prison system, who previously gave witness statements in the extradition case of Vijay Mallya discussed about India’s prison condition.
The last day of Nirav Modi hearing at the Westminster Magistrates Court was attended by Mr Modi’s final witness- former Supreme Court Judge Markandey Katju.
Mr Katju’s allegations included, trial by media, dishonesty of CBI and ED, collapsing law in India, concern about government influence on Indian justice system and judicial corruption. Though he denied that all judges are influenced by political parties or are corrupt, he insisted that Indian Ministers ‘have already made up their mind that Nirav Modi is a criminal even before the verdict’.
He also attacked the media for ‘sensationalising’ the case and affecting the minds of the judges and called the Indian police ‘caged parrots’. When he was asked if it was not his professional duty to avoid commenting on ongoing cases, he said, “It’s a matter of national importance. I am not a sitting judge”.
He however denied giving statements to the press before the hearing, but only attending to calls from journalists who came to know he was a witness. He kept emphasising that he lived in India and knew what was going on within the country unlike ‘outsiders’, implicating the failure of law and justice. While he went on long-winded monologues about political influence on independent non-government bodies, Judge Gooze had to remind Mr Katju, that his role was to answer questions properly, and give effective evidence.
Mr Katju even drew parallels to Ayodhya verdict and Nazi Germany and said Nirav Modi was ‘like’ a vindicated ‘Jew’, being blamed for India’s economic mess under current government.
Upcoming hearing
Mr Modi’s additional hearings have now been scheduled for 3 November, for the judge to rule on the admissibility of evidence presented before him, and 1 December, when both sides will make their final submissions.
Any judgment in the case is expected after the final hearing in December. Mr Modi will remain on remand in Wandsworth Prison till 9 October, when he would appear via video link for the usual remand hearing.
