PNB fraud case: Nirav Modi\'s extradition trial to begin in UK today



PNB fraud case: Nirav Modi's extradition trial to begin in UK today

Nirav Modi is fighting extradition to India on charges of defrauding the Punjab National Bank (PNB) of over USD 2 billion.


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The hearing into the extradition case of Indian businessman Nirav Modi will begin on Monday in the United Kingdom. 

The fugitive diamond merchant, who has been lodged at Wandsworth Prison in south-west London since his arrest in March last year, is expected to be produced physically at Westminster Magistrates' Court in London.

With coronavirus-enforced lockdown in the UK, he may be produced via a video link. 

Nirav Modi is fighting extradition to India on charges of defrauding the Punjab National Bank (PNB) of over USD 2 billion. 

The 49-year-old diamantaire was arrested on March 19, 2019 on an extradition warrant executed by Scotland Yard on charges of fraud and money laundering brought by the Indian government. He has applied for bail five times, most recently last month, but his pleas were rejected. 

Indian government's extradition request was certified by the UK government last year following which a five-day hearing has to take place. 

The case filed by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) relates to a large-scale fraud upon the Indian bank through the fraudulent obtaining of letters of understanding (LoUs) and the laundering of the proceeds of that fraud.

Two additional charges of "causing the disappearance of evidence" and intimidating witnesses or "criminal intimidation to cause death" were added on by the CBI and certified earlier this year.

Given the social distancing measures and the lockdown over the novel coronavirus, District Judge Samuel Goozee had earlier said that an alternative would be for him to be produced via videolink.

"Some prisons are producing prisoners in person, so I will direct Wandsworth Prison to produce Modi in person for the trial from May 11. If that is not practicable, his participation by live link remains a backstop," Goozee said at the last remand hearing in the case on April 28.

At te last hearing in April which was held via video-conference, Crown Prosecution Service (CPS) barrister Nick Hearn told the court that India's representatives would be following the proceedings and giving instructions via the court's online common viewing platform. 

"We have received comprehensive responses in writing from the government of India, which would reduce the likely length of cross-examinations," said Hearn, appearing on behalf of the Indian authorities.

"The May 11 extradition hearing is going ahead and the new request (two additional offences part of the CBI case) has not been joined but will be dealt with at a separate later hearing, probably in July," said the Crown Prosecution Service (CPS), appearing on behalf of the Indian authorities.

Modi would not be giving evidence in the case but his legal team plans to produce around six witnesses, including a jewellery expert as well as judicial and prisons experts.