Ankit Kumar | Posted by Amit Vasudev
New delhi, January 9, 2018 | UPDATED 21:10 IST
India's case was eventually nullified because Italian prosecutors couldn't prove corruption.
Projected as a major setback for Indian investigative agencies, the Milan court's acquittal of the former chief executives of AgustaWestland and Finmeccanica has primarily been a result of the Italian prosecution's failure to establish the suspected money trail in the VVIP chopper deal, case files accessed by India Today reveal.
A closer look at the CBI's original chargesheet, seen by India Today, shows the dossier has extensively focused on the passage of money allegedly routed through various shell companies in Tunisia and Mauritius.
"While the process for procurement of VVIP helicopters was being finalised, (the) Tyagi brothers namely, Sanjeev Tyagi alias Julie Tyagi, Sandeep Tyagi and Rajiv Tyagi, had puportedly received Euro 4.05 lacs (Rs. 2.28 crore) from M/s Gordian Services, Tunisia (a company belonging to Mr. Guido Haschke) and M/s SOCIETE Tech Venture Corp. from 27.07.2004 to 24.04.2006 through inward foreign remittances for themselves and for/on behalf of ACM (Retd) S. P. Tyagi which were credited in the accounts of their firms maintained with Punjab National Bank, Janpath Branch, Delhi," reads the CBI chargesheet filed in a Delhi court earlier.
The investigative agency insisted it had documentary evidence to prove the charges.
New Delhi later made a representation in Milan's third court of appeal through its Italian lawyer Pasquale Losengo. But it was the Indian defence ministry which participated in the trial as a civil party to claim damages from alleged corruption.
As Indian agencies did not act as a prosecutor, the onus to establish graft in the helicopter contract lay solely on Italian prosecutors, according to highly-placed official sources.
India's case was eventually nullified because Italian prosecutors couldn't prove corruption.
The full text of the Milan court ruling is awaited but the operative part of its Monday order reveals that Italian prosecution was not able to prove that suspects, including the former Indian air chief, had actually received the money or interfered with the tender to manipulate the contract in favour of Anglo-Italian company AgustaWestland.
"We have investigated our case independently. Our case against both the accused is strong," said a senior CBI official after the Milan acquittals.
Italian investigations, on the other hand, were mainly based on surveillance data, which included call records and audio intercepts of middlemen Guido Haschke, Carlo Gerosa and top Finmeccanica and AgustaWestland executives, according highly-placed investigative sources.
All this evidence, the sources explained, were enough to prove intent and attempt to bribe but the Milan court did not find enough ground that could establish kickbacks had actually exchanged hands.
In its chargehsheet though, the CBI had given a detailed breakdown of transactions:
Date of Credit Amount (euros)
27.07.2004 99,616.62 (Rs.5,568,569)
In favour of: M/s Krishn Neel (A proprietorship firm concern allegedly of Mr. Sanjeev Tyagi (C A/c No.3097002100046710)
09.08.2004 26,103.87 (Rs.1,480,996)16.02.2005 199,905 (Rs.11,348,107)
In favour of: M/s Krishnayan (Partnership firm of three Tyagi brothers (C A/c No.3097002100488644)
25.04.2006 79,876 (Rs.4,420,641)
In favour of M/s TyagiIshan (A proprietorship firm concern allegedly of Mr. Rajiv Tyagi (C A/c No.3097002100047029)
Total amount in Euros: 40,5501.49 (Rs. 22,818,313)
(Source: CBI chargesheet in AgustaWestland case in Delhi court)
The CBI chargesheet, accessed by India Today, also contains an annexure of documentary evidence to prove the money trail in the AugstaWestland scandal, including bank statements and confidential notes from the NSA office and the PMO pointing to the suspect role of the former air chief.
WATCH | Full interview of AgustaWestland middleman Christian Michel with India Today
