An Indian-born businessman facing extradition to his homeland, has filed an appeal against a High Court ruling denying him permission to bring in an expert to challenge the validity of the extradition request from New Delhi.
“We had before the court an application to adduce expert evidence on Indian law as to exactly when did it became lawful for India to make extradition requests of Antigua. The judge, Justice Rita Olivetti denied the application and we indicated to the court that we would want leave to appeal her decision,” attorney Dr. David Dorsett said on a radio programme here.
He said as a result of the filing of the appeal on Monday, the extradition proceedings against his client, Mehul Choksi, have been put on hold.
Prime Minister Gaston Browne has already said the citizenship of the billionaire diamond trader would be revoked only after he exhausts all his legal options.
Choksi, who is wanted in India for allegedly defrauding the Punjab National Bank (PNB), gained citizenship of the Caribbean island under the island’s Citizenship by Investment Programme (CIP) that allowed for foreign investors to make a significant contribution to the socio-economic development of Antigua and Barbuda in return for granting citizenship.
Browne said that Choksi’s citizenship was processed, “but the reality is his citizenship will be revoked and he will be repatriated to India; so there is recourse. It’s not a case that we are trying to provide any safe harbour for criminals, for those who are involved in financial crimes”.
“We have to allow for due process. He has a matter before the court and as we said to the Indian government, criminals have fundamental rights, too, and Choksi has a right to go to court and defend his position. But I can assure you, after he has exhausted all of his legal options, he will be extradited,” Browne said.
Dorsett has indicated that should his appeal fails, he is prepared to take the matter before the London-based Privy Council, the island’s highest and final court.
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The cost of justice comes with a high price tag……..just ask those with money who can afford to use their wealth to avoid the inevitable. What does Jack Warner, Mehul Choksi and Leroy King have in common?
FRAUDSTERS AND FUGITIVES – POCKETS AH POSIES OR POCKETS AH MUNNIE?
One is reminded of the nursery song, ‘…Ring a Ring O’Roses.’
These are not men with deep ‘…Pockets full of Posies.’ Naaah! ‘…Pockets Full Ah Munnie.’
In the case of Mehul Choski ‘…an alleged fraudster and fugitive from justice,’ every tune he played, local authorities danced to ‘…Indian music.’
He may have seen ‘weakness,’ while others may have seen ‘sweetness’ as he continues to flout their authority.’
What the ‘…alleged fraudster’ continues to do, is using the nation’s Judiciary in preventing the ‘…Minister of Foreign Affairs’ from performing his official duty and exercising powers residing with him under the Extradition Act [No. 12 of 1993].
Many people have refused to be ‘befuddled’ by the ‘…Ring A Ring O’ Roses’ being played with local authorities, by this alleged ‘…fraudster and fugitive from Indian Justice.
‘This appears rather troubling.
Before alleged fraudster came on the scene, Leroy King was put through the judicial process and he fought like hell to avoid an American penitentiary.
Isn’t this the same Privy Council that they didn’t want? Why his lawyer don’t go to the CCJ instead? As far as I concern, this man need to go back to India where he is from and face the heat.
I really think we need to be careful with the idea of saying ‘he needs to go back to India’. Yes, if the courts say he needs to go back, then he will be forced to. However, we should always presume the accused are fully innocent until proven guilty in a competent court of law via trial.
Also, he is one of our fellow Antigua citizens and we need to ensure that they way we treat our own citizens is proper and just.
Boss understand the process. Its high court (in some cases industrial, or magistrate), then if you are unsatisfied its EC appeals court and if you are not satisfied its UK Privy council (one day soon CCJ). Dorsette is appealing to the EC appeals court
DO NOT FOOL YOURSELF TEN BY THE ALLEGED FRAUDSTER’S TACTICS
From professional knowledge and practical experience, ‘…NO EXTRADITION PROCEEDINGS’ have been instituted against this alleged fraudster/fugitive as yet.
Though you may have been led to believe so, What the alleged fraudster is doing, has absolutely nothing to do with;
(i) …the law;
(ii) …Ministerial function; and
(iii) …powers provided by Parliament in the Extradition Act to Foreign Affairs Minister E.P. Chet Greene.
The proceedings would start only when he issues the ‘…Authority To Proceed.’
Boldly challenging anyone, including attorney Dr. David Dorsett to say this has been done.
Tenman, hopefully no time soon with the CCJ as the final court of appeal. I like courts with major watch-dogs and international presence. It means justice, and equity are more likely.
Choksi should be presumed innocent until proven guilty in a competent court of law. I really don’t like the idea of our PM (who I usually support) saying that Choksi’s citizenship will be revoked before he even has a trial. Once an Antiguan, always an Antiguan, regardless of how citizenship was conferred.
The other problem I have with this case is that India is known to have corrupt courts and also corrupt prosecutors. This case is basically about a guy that took business loans and then his business failed – is that actually considered criminal conduct?
Lastly, we as Antiguans need to realise that having CIP immigrants is a lot better than having unskilled immigrants from CARICOM nations. At least our CIP citizens bring money in and are 99% of the time good/wealthy/educated people that are just looking for a new path in life.
There will be many more cases like this to come. When greed and other people’s money blinds those at the top, they all have one direction to fall…
Are you referring to Lucifer who was tossed out of heaven after he allowed pride, arrogance and badmind high-jacked his mind? He certain has fallen. He and a third of the angels who bought the lie he peddled them.
Obviously your comment is meant to be a joke. You are mixing things that don’t mix.
HELP……….LIAT wants some money. Barbados not pleased with Antigua’s offer and this might put us back at square one. It’s like the earlier touted “VIRGIN” interest dead and shareholder governments broke. Look like if we might have to strike a deal with Mehul Choski. Help us out and we help you out! No body can touch you in Antigua if we don’t want them to.
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