Vijay Mallya’s defence expert to question impartiality of Indian judicial

Vastavam web: Vijay Mallya’s extradition trial to face fraud and money laundering charges of Rs 9,000 crore in India resumed today, with his defence fielding a legal expert to question the impartiality of India’s judicial system.The 61-year-old was back in the dock at Westminster Magistrates’ Court in London for day four of the hearing when his barrister, Clare Montgomery, deposed Dr Martin Lau to give his views on the evidence presented by the Central Bureau of Investigation (CBI) and Indian Supreme Court rulings.Quoting an unnamed study by three academics from Singapore and Hong Kong, Lau raised questions on the neutrality of Supreme Court judges close to retirement.
Lau was also made to comment upon some of the evidence produced by the CBI to back up its case against the liquor baron in an attempt to discredit its admissibility in court.The legal expert, who will continue to give his statement throughout today’s hearing, is also being made to elaborate on the application of Indian laws relevant to the case.Lau claims some of the money laundering allegations against Mallya may fall under a “retrospective application” of the Money Laundering Act because the alleged offences occurred before 2013, when the act was amended in India.
Earlier today, the defence had deposed Margaret Sweeney the Chief Financial Officer of Force India, Mallya s Formula 1 racing team.”Absolutely not,” was her response, explaining that all payments she was aware of were in relation to a marketing contract between Kingfisher Airlines and the F1 team.The defence also quoted from an independent media valuation to claim there had been no overpayment by Kingfisher Airlines, as alleged by the Crown Prosecution Service (CPS).The defence’s case rests on trying to prove that the now-defunct Kingfisher Airlines’ alleged default of around Rs 9,000 crore worth of bank loans was the result of business failure rather than “dishonest” and “fraudulent” activity by its owner.
Meanwhile, it has emerged that the businessman is facing a parallel litigation in the Queen’s Bench Division of the commercial court in England’s High Court of Justice brought by a consortium of Indian banks to freeze his global assets.Lawyers for Mallya have been granted an extension to respond to that case due to his ongoing extradition trial, expected to conclude on Thursday.
Last week, the defence claimed that a consortium of Indian banks led by SBI had rejected an offer by the liquor baron in early 2016 to pay back nearly 80 per cent of the principle loan amount owed to them.However, the CPS arguing on behalf of the Indian government countered that assertion in its cross- examination, indicating that the reason such a repayment offer would have been rejected was that the banks knew Mallya had the means to pay back the entire amount due.In his cross-examination, Summers had highlighted a particular “washing machine activity” picked up by the government of India that involved sums amounting to around 10 -15 million pounds being funneled between UB Group companies to wrongly claim obligations of equity infusions into struggling Kingfisher Airlines were being met.
Indian government sources have described its case, being presented by the CPS, as “very strong”.Mallya’s legal team had claimed earlier in the trial that the case against him was “politically motivated”.f the judge rules in favour of extradition at the end of the trial, the UK home secretary must order Mallya’s extradition within two months.