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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News Network
June 13,2020

Mexico City, Jun 13: The number of people, who have died of COVID-19 in Mexico, has risen by 544 to 16,448 within the past 24 hours, Jose Luis Alomia, the director of epidemiology at the Health Ministry, said.

He also said on late Friday that the number of confirmed coronavirus cases had increased by 5,222 to 139,196 within the same period of time.

A day earlier, the Latin American nation has recorded 4,790 new confirmed cases of the coronavirus, with 587 fatalities.

The World Health Organization declared the COVID-19 outbreak a pandemic on March 11. To date, more than 7.6 million people have been infected with the coronavirus worldwide, with over 425,000 fatalities, according to Johns Hopkins University.

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Agencies
January 15,2020

Washington, Jan 15: The historic impeachment trial of US President Donald Trump will begin on Tuesday next week, Mitch McConnell, the leader of the Senate's Republican majority, has announced.

Earlier on Tuesday (January 14), Speaker Nancy Pelosi ended the standoff between the Senate and the Democratic-controlled House of Representatives saying that it would vote on next Tuesday to send the impeachment documents to the upper house so it can hold the trial on charges that Trump obstructed Congress and abused presidential powers.

This will be only the third time in the nation's history that a US president is tried after impeachment and Trump can expect to be acquitted like his two predecessors - Bill Clinton in 1998 and Andrew Johnson in 1868 - because there won't be a two-thirds majority to convict and remove him from office.

McConnel told reporters on Tuesday that preparations like swearing in the Senators as jurors for the trial could begin this week ahead of the formal start on next Tuesday.

"This Impeachment Hoax is an outrage," Trump tweeted, repeating his longstanding complaint about it, when the move to hold the trial finally appeared to gain traction.

"The American people deserve the truth and the Constitution demands a trial," Pelosi said.

She had held on to the Articles of Impeachment - the chargesheet against Trump - that the House voted on December 18 in a bid to pressure McConnell to accept her terms for holding the trial and in an attempt to get some Republican senators to break ranks on procedural matters.

But she has agreed to let the process move forward, without an agreement on the main Democratic demand to call in their witnesses at the trial and to introduce new evidence.

The House Intelligence Committee, which conducted the investigation against the president, on Tuesday released what it said was new evidence from Lev Parnas, a former associate of Trump's personal lawyer Rudy Giuliani. Parnas is facing criminal charges.

Pelosi said that starting the trial without witnesses or documents "a pure political cover-up."

The impeachment process is only an investigation by the House and the framing of the chargesheet for the Senate trial that will be presided over by Chief Justice John Roberts with the Senators as jurors and nominees of the House as prosecutors.

While there is no chance for removal of Trump from office, Democrats see the Senate trial as a propaganda mechanism ahead of the elections in November by giving the charges against Trump another public airing and turning voter opinion against Republican senators facing re-election.

Trump called for an outright dismissal of the impeachment by the Senate, but McConnell said, "There is little or no sentiment in the Republican conference for a motion to dismiss."

He added, "Our members feel that we have an obligation to listen to the arguments."

Trump tweeted that by not dismissing the impeachment out of hand, the Senate trial was giving "credence to a trial based on the no evidence, no crime" and "the partisan Democrat Witch Hunt credibility."

Pelosi had hoped to make some Republican senators break ranks with the leaders on the procedures for the trial and has partially succeeded in this as at least four of them appear open to witnesses being called.

While Trump's conviction and ouster from office is virtually impossible because of the two-thirds vote requirement in the 100-member Senate, only a simple majority is required on procedural matters. The Republicans have 53 members and four of them shifting positions could make a difference here.

McConnell appeared confident that he would have a hold on his party senators to set the rules for the trial.

Whether witnesses would be called to testify is still open as the Republicans have said that it would be decided when the trial starts.

The main sticking point is the Democrats demand to call their witnesses to testify at the trial.

The Democrats did not allow the Republicans to call their own witnesses to testify during the impeachment proceeding in the House and Republicans did not seem inclined to oblige them in the Senate.

Trump tweeted, "'We demand fairness' shouts Pelosi and the Do Nothing Democrats, yet the Dems in the House wouldn't let us have 1 witness, no lawyers or even ask questions."

The charges against Trump stem from a July phone call he had with Ukraine's President Volodymyr Zelensky in which he asked him as a "favour" to investigate former Vice President Joe Biden and his son Hunter.

Democrats say that this was an abuse power and amounted to inviting foreign interference in US elections as Biden is the leading candidate for the Democratic nomination to run against Trump in this year's election.

They also say that he withheld crucial military aid to Ukraine, a US ally against Russia, to pressure Zelensky and this endangered US national security. Trump said he delayed the aid to make sure the new government stomped out corruption.

Hunter Biden, who was made to leave the Navy because of alleged drug use and had no experience in the energy industry or in Ukrainian businesses was appointed a director of a gas company there and received monthly payments of $83,000, according to Republicans.

The former vice president, who was looking after Ukrainians affairs, had a prosecutor looking into gas company removed.

He and the Democrats say that it was because the prosecutor was corrupt, while Republicans see it as a conflict of interest.

The obstruction of Congress resulted from Trump's refusal to provide documents that the House demanded and allow some administration officials to testify at the House hearings.

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Agencies
June 6,2020

The President of United States Donald Trump has said that countries like India and China would have much more coronavirus cases than America if they conduct more tests.

“I say to my people every time we test; you find cases because we do more testing. If we have more cases, if we wanted to do testing in China or in India or other places, I promise you there would be more cases you are doing a fantastic job in getting out the swabs,” the US president said on Friday.

Trump said that the US has carried out 20 million tests while compared to America, Germany is at four million and much talked about South Korea is about three million tests. He made the remarks at Puritan Medical Products in Maine, according to Johns Hopkins Coronavirus Resource Center.

The US has reported nearly 1.9 million cases and over 1,09,000 deaths while the total number of coronavirus cases in India and China stand at 2,36,184 and 84,177 respectively, according to Johns Hopkins Coronavirus Resource Center data.

India has so far conducted over 4 million COVID-19 tests, according to the health ministry.

Trump said, “we will be well over 20 million tests. Remember this, when you test more, you have more cases.”

“Puritan is one of the only manufacturers in the world producing high-quality medical swabs that are crucial for rapid testing. And every swab you make at Puritan is proudly stamped with the beautiful phrase made in the USA,” Trump said.

“Thanks to the testing capacity that you are making possible, our country is reopening and our economy is recovering like nobody would’ve thought possible,” he added.

Trump also spoke about the huge unemployment problem the country is currently facing. He said that the economy is now back on track, referring to the latest monthly employment numbers,.

“We absolutely shattered expectations, and this is the largest monthly jobs increase in American history, think of that; that’s a long time,” Trump said

“I think it’s more than double or about double of what our highest was before so this is the largest monthly job increase in American history. And we’re going to have a phenomenal next year. We’re going to have a tremendous couple of months prior to the election on November 3 very, very important date,” the president said.

Keeping an eye on the November 3 presidential elections, Trump is seeking re-election for his second consecutive term. He is pitted against Democratic presidential nominee Joe Biden who in opinion polls is surging several points of Trump.

“It’s going to be a very important election because the only thing that can screw it up is if you get the wrong president and they raise your taxes, and they open up your borders so that everybody pours into our country,” Trump said.

Trump also vowed to bring the American economy back on track, which has been badly hit by the coronavirus pandemic. He reiterated that his administration has built a strong economy in the last three years.

Describing the fight against coronavirus as the greatest national and industrial mobilisation since the World War II, Trump said that his administration has marshaled the full power of the US government and US industry to defeat the invisible enemy.

“It is indeed an enemy. It came from China, should have been stopped in China. They didn’t do that,” he alleged.

The administration, he said, has delivered over 1.5 billion pieces of personal protective equipment to doctors and nurses on the front lines. We slashed the red tape to speed up the development of vaccines.

“And vaccines are coming along incredibly well, wait till you see, and therapeutics. And we partnered at private sector leaders such as Puritan to build the largest and most advanced testing capacity on the face of the earth, like this one,” the US president said.

The Puritan factory in Maine, he said, quickly ramped up the production to produce nearly 20 million foam-tipped swabs each month.

“Then in April, my administration invoked the Defence Production Act to help you scale up even more. Under a USD 75 million public-private partnership, Puritan will soon double production to 40 million swabs per month,” Trump added.

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