Mallya to appeal against UK court's extradition verdict

Agencies
December 19, 2018

London, Dec 19: Vijay Mallya intends to file an application to appeal against a British court's verdict in favour of his extradition to India, the embattled liquor baron's legal team confirmed on Wednesday.

The 63-year-old businessman told reporters soon after the ruling by Westminster Magistrates’ Court Chief Magistrate Emma Arbuthnot last week that he would consider the verdict in detail and decide his next course of action.

"Mallya has now been able to consider the court's decision and intends to file an application for permission to appeal at the appropriate time," said Anand Doobay, Partner at UK-based Boutique Law LLP, who has been Mallya’s solicitor through the extradition trial process.

Under the Extradition Treaty procedures, the Chief Magistrate’s verdict has been sent to UK Home Secretary Sajid Javid because it is the minister who is authorised to order Mallya’s extradition and has two months within which to make that decision.

The Home Secretary’s order rarely goes against the court's conclusions as he has to consider only some very narrow bars to extradition which are unlikely to apply in this case, including the possible imposition of a death penalty in a particular case.

"Whatever that decision (by the Home Secretary), the losing side has up to 14 days within which to approach the High Court and seek leave to appeal. Any appeal – if granted – will be heard at the Administrative Court [High Court],” noted a statement by the Crown Prosecution Service (CPS), which represents the Indian government in the extradition case.

Meanwhile, Mallya remains on bail on an extradition warrant executed by Scotland Yard in April last year after the Indian authorities brought fraud and money laundering charges amounting to Rs 9,000 crores against the former Kingfisher Airlines boss.

While Mallya's legal team had argued in the UK court that the default on the loans sought by the now-defunct airline were the result of business failure, the CPS had claimed fraudulent intentions by the businessman in seeking and then dispersing those loans.

Judge Arbuthnot, in her ruling delivered on December 10 at the end of a year-long trial, concluded there is a case to answer in the Indian courts over substantial "misrepresentations" by the "flashy billionaire" of his financial dealings.

The judgment had also dismissed the defence team's attempt to challenge the case on human rights grounds by claiming that Barrack 12 of Arthur Road Jail in Mumbai, where the businessman is to be detained following his extradition, did not meet the requirements.

The UK court said it was satisfied with the various assurances provided by the Indian government, including a video of the jail cell, which had not only been recently redecorated but was also far larger than the minimum required threshold.

Mallya needs permission to appeal against this verdict within 14 days of the Home Secretary’s decision, and the case would then proceed to the UK High Court if the appeal is allowed.

There is some limited recourse for the case to go on to a further level of the Supreme Court, but that is only possible if the High Court certifies that the appeal involves a point of law of general public importance, and either the High Court or the Supreme Court gives leave for the appeal to be made.

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Agencies
August 7,2020

Russia boasts that it's about to become the first country to approve a Covid-19 vaccine, with mass vaccinations planned as early as October using shots that are yet to complete clinical trials -- and scientists worldwide are sounding the alarm that the headlong rush could backfire.

Moscow sees a Sputnik-like propaganda victory, recalling the Soviet Union's launch of the world's first satellite in 1957.

But the experimental Covid-19 shots began first-in-human testing on a few dozen people less than two months ago, and there's no published scientific evidence yet backing Russia's late entry to the global vaccine race, much less explaining why it should be considered a front-runner.

“I'm worried that Russia is cutting corners so that the vaccine that will come out may be not just ineffective, but also unsafe,” said Lawrence Gostin, a global public health law expert at Georgetown University. “It doesn't work that way... Trials come first. That's really important.”

According to Kirill Dmitriev, head of Russia's Direct Investment Fund that bankrolled the effort, a vaccine developed by the Gamaleya research institute in Moscow may be approved in days, before scientists complete what's called a Phase 3 study.

That final-stage study, usually involving tens of thousands of people, is the only way to prove if an experimental vaccine is safe and really works.

Health Minister Mikhail Murashko said members of “risk groups,” such as medical workers, may be offered the vaccine this month.

He didn't clarify whether they would be part of the Phase 3 study that is said to be completed after the vaccine receives “conditional approval.”

Deputy Prime Minister Tatyana Golikova promised to start “industrial production” in September, and Murashko said mass vaccination may begin as early as October.

Dr Anthony Fauci, the top US infectious disease specialist, questioned the fast-track approach last week.

“I do hope that the Chinese and the Russians are actually testing a vaccine before they are administering the vaccine to anyone, because claims of having a vaccine ready to distribute before you do testing I think is problematic at best," he said.

Questions about this vaccine candidate come after the US, Britain and Canada last month accused Russia of using hackers to steal vaccine research from Western labs.

Delivering a vaccine first is a matter of national prestige for the Kremlin as it tries to assert the image of Russia as a global power capable of competing with the US and China.

The notion of being “the first in the world” dominated state news coverage of the effort, with government officials praising reports of the first-step testing.

In April, President Vladimir Putin ordered state officials to shorten the time of clinical trials for a variety of drugs, including potential coronavirus vaccines.

According to Russia's Association of Clinical Trials Organizations, the order set “an unattainable bar” for scientists who, as a result, "joined in on the mad race, hoping to please those at power.”

The association first raised concern in late May, when professor Alexander Gintsburg, head of the Gamaleya institute, said he and other researchers tried the vaccine on themselves.

The move was a “crude violation of the very foundations of clinical research, Russian law and universally accepted international regulations" the group said in an open letter to the government, urging scientists and health officials to adhere to clinical research standards.

But a month later, the Health Ministry authorized clinical trials of the Gamaleya product, with what appeared to be another ethical issue.

Human studies started June 17 among 76 volunteers. Half were injected with a vaccine in liquid form and the other half with a vaccine that came as soluble powder.

Some in the first half were recruited from the military, which raised concerns that servicemen may have been pressured to participate.

Some experts said their desire to perform well would affect the findings. “It's no coincidence media reports we see about the trials among the military said no one had any side effects, while the (other group) reported some," said Vasily Vlassov, a public health expert with Moscow's Higher School of Economics.

As the trials were declared completed and looming regulatory approval was announced last week, questions arose about the vaccine's safety and effectiveness.

Government assurances the drug produced the desired immune response and caused no significant side effects were hardly convincing without published scientific data describing the findings.

The World Health Organization said all vaccine candidates should go through full stages of testing before being rolled out.

“There are established practices and there are guidelines out,” WHO spokesman Christian Lindmeier said Tuesday.

“Between finding or having a clue of maybe having a vaccine that works, and having gone through all the stages, is a big difference.”

Offering an unsafe compound to medical workers on the front lines of the outbreak could make things worse, Georgetown's Gostin said, adding: “What if the vaccine started killing them or making them very ill?”

Vaccines that are not properly tested can cause harm in many ways — from a negative impact on health to creating a false sense of security or undermining trust in vaccinations, said Thomas Bollyky, director of the global health program at the Council on Foreign Relations. 

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News Network
March 13,2020

Mar 13: Canadian Prime Minister Justin Trudeau and his wife announced they were self-isolating Thursday as she undergoes tests for the new coronavirus after returning from a speaking engagement with "mild flu-like symptoms."

Sophie Gregoire-Trudeau's symptoms have subsided since she recently got back from Britain, but as a precaution the prime minister "will spend the day in briefings, phone calls and virtual meetings from home," according to a statement.

Trudeau also cancelled a meeting Thursday and Friday with Canada's provincial and territorial leaders in Ottawa, but still planned to speak with them and world leaders by phone about measures being taken to curb the spread of the virus in Canada.

Gregoire-Trudeau's symptoms had included "a low fever late last night." She immediately sought medical advice and testing.

Trudeau has exhibited no symptoms, and was advised by doctors "to continue daily activities while self-monitoring."

"However, out of an abundance of caution, the prime minister is opting to self-isolate and work from home until receiving Sophie's results," said his office.

Since the novel coronavirus first emerged in late December 2019, 127,070 cases have been recorded in 115 countries and territories, killing 4,687 people, according to an AFP tally compiled at 1200 GMT on Thursday based on official sources.

Canada has so far reported more than 100 cases in six provinces, and one death.

Also Thursday, the Canada's Juno music awards cancelled its upcoming gala show, planned for Sunday evening in Saskatoon, Saskatchewan.

"We are devastated to cancel this national celebration of music, but at this time of global uncertainty, the health, safety and well-being of all Canadians must stand at the forefront of any decisions that impact our communities," organisers said in a statement.

And in Quebec province, Premier Francois Legault unveiled a series of measures to prevent the spread of the coronavirus, including placing all travellers returning from overseas under quarantine for two weeks.

Quebec also banned indoor gatherings of more than 250 people.

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News Network
April 26,2020

Apr 26: The remarkable story of an airman who overcame prejudice to become one of only a handful of Indian fighter pilots in the First World War has emerged in newly-released archive files by the UK's Commonwealth War Graves Commission (CWGC).

Lieutenant Shri Krishna Chanda Welinkar is one of the thousands of moving stories from the war preserved in family correspondence and being brought alive as part of a digitisation project.

The never-before-published files contain thousands of letters, pictures and other papers sent between the Commission and the next of the kin of First World War dead.

Among them is the story of Welinkar, who hailed from Bombay in colonial India. After much hardship and discrimination, he eventually became a pilot and went missing while on patrol over the skies above the Western Front in June 1918.

His family had to wait nearly three years before they finally knew for certain that he had died, and his grave was located.

“For everyone who died in the First World War, there was inevitably a partner, parent or child back home who had questions. The heartbreaking letters in CWGC's archive give us an insight into what it was like for those families trying to come to terms with their loss,” said Andrew Fetherston, chief archivist for CWGC.

“They are stories that show desperate searches for closure, former enemies uniting and, on many occasions, the sad realisation that a missing loved one would always remain so. We are pleased to be able to make this invaluable piece of World War history accessible to a new generation and help deepen our understanding of how the First World War impacted those who were left behind,” he said.

Welinkar was one of the 1.3 million Indians who answered the call to fight for the British Empire. Nearly 74,000 never saw their homeland again and are remembered today in cemeteries and memorials throughout the world, including France, Belgium, the Middle East and Africa.

Welinkar was a well-educated man studying at Cambridge University. He trained to become an aviator in Middlesex and wished to join the Royal Flying Corps, later known as the Royal Air Force.

Upon attempting to enlist, Welinkar encountered the same prejudices as his other fellow Indian airmen and was encouraged to become an air mechanic instead.

He was eventually given a commission in the Royal Flying Corps as an Officer. In 1918, he was posted to France and patrolled the skies above the Western Front.

In June 1918, Lieutenant Welinkar embarked on what would be his final patrol; he did not return and was reported missing. His fate remained unknown for many months afterwards.

The newly-released e-files chronicle the remarkable discovery of Welinkar and his final resting place long after the war had ended. Colonel Barton, who knew Welinkar, acted on behalf of his mother and helped find her missing son. They spoke to former enemies and honed their search to the grave of an unidentified man, buried by the Germans as “Oberleutnant S.C. Wumkar” in a grave in Rouvroy, Belgium.

The body was later moved and reinterred in Hangard Communal Cemetery Extension but it wasn't until the vital clue, found in the original German burial records in February 1921, that it was confirmed beyond doubt this grave was of Welinkar's.

In May 1921, Colonel Barton, on behalf of Welinkar's mother, requested that a Commission headstone be placed on the grave with the following personal inscription: “To the Honoured Memory of One of the Empire's Bravest Sons”.

This records – known as Enquiry Files – are part of a collection of nearly 3,000 files which have never been made available to the public before. Nearly half have been digitised so far, alongside a previously unreleased collection of more than 16,000 photographs held in negatives in the Commission's archive.

The files, internally referred to simply as E-Files, contain correspondence between the CWGC and the next of kin of the war dead. They often contain letters, typed memos between Commission staff and on occasion photos, maps and diagrams.

CWGC only holds an enquiry file for a small proportion of the 1.7 million people it commemorates from the Commonwealth. Today it is only possible to release those surviving records from the First World War because correspondence with families of Second World War casualties often involves people still alive today and cannot be made public for many years, due to the UK's data protection rules.

To date, more than 1,300 of the surviving 3,000 First World War enquiry files have been digitised.

The CWGC commemorates the 1.7 million Commonwealth servicemen and women who died during the two World Wars. It also holds and updates an extensive and accessible records archive, while operating over 23,000 locations in more than 150 countries and territories.

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