The now defunct Kingfisher Airlines owned by controversial businessman Vijay Mallya ‘knowingly misrepresented’ its profitability while seeking bank loans in 2009, India submitted in the high court of England and Wales hearing his extradition appeal on Wednesday.
Besides, the Crown Prosecution Service on behalf of India on Wednesday insisted that there is ‘overwhelming’ evidence of fraud and decelption on the part of controversial businessman Vijay Mallya, who is facing extradition to face charges of major financial offences.
Mark Summers, CPS lawyer, reminded Justice Irwin and Justice Elisabeth Laing of the high court of England and Wales that in extradition cases, British courts are solely required to establish whether the person requested has a prima facie case to answer, not to establish the truth.
To that extent, he argued, the Westminster Magistrates Court had taken into account all relevant documents and had ruled in December 2018 that Mallya had a prima facie case to answer and that he needed to be extradited to India to face trial.
‘There was concealment of material while seeking loans from IDBI. Funds were disbursed contrary to the purposes the loans were given’, Summers said, seeking to counter specific arguments of Mallya’s team about admissibility of evidence and other grounds.
India’s case rests on what was mentioned in the lower court as ‘three chapters of dishonesty’ by Mallya—misrepresentations to various banks to acquire loans, the misuse of the loans and his conduct after the banks recalled the loans.
Mallya’s lawyer, Claire Montgomery, on Wednesday morning continued her forensic arguments against the magistrates court’s judgement. The case, she said, is ‘dense’, involving thousands of documents.
According to her, judge Emma Arbuthnot of the magistrates court had made ‘multiple errors’ after misunderstanding accounts and other documents related to IDBI and Mallya’s Kingfisher Airlines (KFA).
‘She is confused, it is nonsense to come to the conclusions she did on accounts and loss of KFA…The judge got it wrong on figures’, she insisted.
The appeal hearing will continue on Thursday, with the judges expected to deliver the judgement lext week.