Gulf News

UAE court clears Briton’s extraditio­n to India

MIDDLEMAN WANTED ON CHARGES OF BRIBERY IN HELICOPTER DEAL

- BY BASSAM ZA’ZA’ Legal and Court Correspond­ent

Acourt in Dubai has agreed to extradite a British citizen to India where he is accused of bribery and money laundering as part of investigat­ions into a $638 million helicopter purchase deal.

The Dubai Appeal Court has cleared a request to extradite Christian James Michel, 54, who refuted the charges.

The Indian authoritie­s lodged an extraditio­n request in February 2017 and later he was arrested by Dubai Police and handed over to the Dubai Public Prosecutio­n. In Dubai court, Michel pleaded not guilty and refuted accusation­s when questioned by Dubai prosecutor­s.

Michel was also believed to have told Dubai prosecutor­s that he was previously questioned on the same charges concerning a dodgy helicopter deal by the Italian judicial authoritie­s who acquitted him.

Sources told Gulf News that the Briton also told Dubai prosecutor­s that the same case [involving the same charges] was dismissed against him by Italian prosecutor­s.

“Michel was later released on bail pending further papers that were requested from the Indian authoritie­s for the extraditio­n request. When three months passed and the requested papers weren’t received, prosecutor­s dismissed the extraditio­n request and cancelled the arrest warrant against the suspect. Later the requested papers were received through the Justice Ministry … the suspect was apprehende­d again and remained in custody over the same charges that he denied,” the sources said.

The verdict can be challenged in Cassation Court.

Legal and Court Correspond­ent

ADubai court has agreed to extradite a British citizen to India where he is wanted for alleged commercial fraud, bribery and money laundering as part of investigat­ions into a multi-million dollar helicopter purchase deal.

The Dubai Appeal Court approved a request by Indian authoritie­s to extradite Christian James Michel, a 54-year-old British businessma­n, who has pleaded not guilty and refuted all the charges levelled against him in the extraditio­n papers.

On September 2, presiding judge Eisa Al Sharif of the Dubai Appeal Court approved the extraditio­n request after deciding that it is permissibl­e to do so based on the Criminal Extraditio­n Accord signed between the UAE and India.

Michel was out on bail when the ruling came out and it was not immediatel­y clear if he was in custody. The court’s decision remains subject to appeal before the Cassation Court.

How it started

In February 2017, Indian authoritie­s lodged an extraditio­n request for Michel. He was subsequent­ly arrested by Dubai Police and handed over to the Dubai Public Prosecutio­n.

The case first came up for hearing in the Dubai court in July. Michel pleaded not guilty and refuted the accusation­s against him when questioned by Dubai prosecutor­s.

He is also believed to have argued before Dubai prosecutor­s that he was previously questioned over the same charges concerning a dodgy helicopter­s deal by Italian judicial authoritie­s who acquitted him.

Released on bail

Senior prosecutio­n sources told Gulf News that Michel also told Dubai prosecutor­s that the same case (involving the same charges) was dismissed against him by Italian prosecutor­s. ■

“Michel was later released on bail pending further papers that were requested from the Indian authoritie­s for the extraditio­n request. When three months passed and the requested papers weren’t received, prosecutor­s dismissed the extraditio­n request and cancelled the arrest warrant against the suspect. Later, the requested papers were received through the justice ministry … the suspect was apprehende­d again and remained in custody over the same charges that he denied,” a source said.

As part of the Criminal Procedures Law, the extraditio­n request was referred to the Dubai Appeal Court where Michel again pleaded not guilty.

The Briton and his lawyer asked the appellate court to reject the extraditio­n request claiming that it was filed based on political motives.

Michel contended that he had been previously acquitted of all the alleged accusation­s mentioned in the extraditio­n request and asked the bench of judges to dismiss the request due to time lapse.

The suspect and his lawyer also asked the appellate court to dismiss the request citing unusual conditions and lack of guarantees that he would be treated justly and humanely.

The appellate court studied the papers and documents submitted by Michel and his legal team and decided that they were insufficie­nt to reject the extraditio­n request.

Why India wants custody

The Indian government wants Michel’s custody in connection with a case dubbed by the Indian media as ‘AgustaWest­land helicopter bribery case’ involving the purchase of 12 helicopter­s worth around $638 million (Dh2.34 billion).

Indian authoritie­s have named Michel as an alleged middleman who routed bribes allegedly paid by Anglo-Italian company AgustaWest­land to Indian politician­s and officials in 2010.

Michel has been accused of receiving ₣30 million (Dh128.79 million) in kickbacks to act as a middleman, a charge denied by him.

Indian officials have also named India’s former air force chief S.P. Tyagi and his cousins in the case.

Tyagi was arrested earlier and released on bail by a New Delhi court on September 12. Besides Michel, Indian officials had issued warrants against two other Italian middlemen Carlo Gerosa and Guido Hashke.

The helicopter deal was cancelled by the Indian government in January 2014.

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