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UAE top court rules middleman in AgustaWestland case can be extradited

Hindustan Times, New Delhi | By
Nov 19, 2018 10:57 PM IST

The Dubai Cassation Court upheld an appellate court’s decision to extradite the 54-year-old businessman to India though he pleaded not guilty.

Dubai’s highest court on Monday approved India’s request to extradite British businessman Christian James Michel in connection with the AgustaWestland case, setting the stage for him to be sent to New Delhi once the UAE’s justice minister approves the move.

The court’s ruling effectively ends the legal challenge to his extradition, with the matter now moving into the diplomatic domain.

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The Dubai Cassation Court upheld an appellate court’s decision to extradite the 54-year-old businessman to India though he pleaded not guilty. Hindustan Times has seen a copy of the court’s order.

“With Dubai’s top court upholding the lower court’s decision, it has become final but it will need approval from the UAE Minister of Justice for the extradition procedure to start,” Khaleej Times reported.

The extradition procedure is conducted in coordination with Interpol and the Criminal investigation Department, it added.

In New Delhi, a government official who did not want to be named said the Indian missions in Dubai and Abu Dhabi were yet to receive any “formal information” on the matter from authorities in the United Arab Emirates. “We continue to monitor developments,” the official said.

Michel is wanted for commercial fraud, bribery and money laundering in connection with a multimillion-dollar deal to purchase 12 helicopters from the company then known as AgustaWestland for the Indian Air Force. Michel has refuted the allegations against him.

In February 2017, Indian authorities made a request for Michel’s extradition to the Dubai Public Prosecution. He was arrested by Dubai Police and his passport seized by judicial authorities before he was granted bail.

But on September 2, Dubai’s Court of Appeals ruled Michel could be extradited and he lost his bail conditions.

Michel’s lawyer, Abdul Moneim Bin Suwaidan, had argued in the Cassation Court that India’s extradition request was flawed as it was lodged by the external affairs ministry and not the home ministry. On Monday, the presiding judge dismissed the appeal and upheld the appellate court’s ruling approving the extradition.

In 2010, India signed an agreement to buy 12 AgustaWestland AW101 helicopters to ferry the Prime Minister, the President and other VVIPs. In 2013, Italian officials arrested Giuseppe Orsi, the CEO of AgustaWestland’s parent company and said there were irregularities in the deal. Soon after, then defence minister AK Antony ordered an investigation. There were allegations that the kickbacks on the deal were as much as 423 crore.

In 2014, India terminated the contract. Michel has been accused of facilitating the bribes. According to the charges filed against him by India’s Enforcement Directorate in 2016, he received 225 crore from the company.

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