Indian court orders release of Briton detained without trial for years

Indian court orders release of Briton detained without trial for years

The Delhi High Court has ruled that a British man, detained in India for six years without trial in connection with a high-profile corruption case, must be released on bail.

Christian James Michel, an arms consultant, faces allegations of bribing Indian officials in a bid to secure a multimillion-dollar helicopter contract for the British-Italian defence firm AgustaWestland.  The individual has refuted the allegation.

In 2018, he was extradited from the United Arab Emirates to India and has remained in custody since then, a scenario described by a judge as “exceptional.”

The AgustaWestland controversy stands out among various corruption cases associated with India’s former ruling Congress party, many of which ultimately lost momentum.

In 2010, the Indian government finalised an agreement with AgustaWestland’s parent company to acquire 12 helicopters.

Concerns regarding potential irregularities emerged following a report from India’s federal auditor, suggesting that the government might have significantly overpaid for the $753 million (£455 million) deal, which was ultimately abandoned in 2014.

Court documents reveal that Mr Michel is accused of receiving approximately €42 million ($44.7 million, £25 million) in exchange for securing the contract.  The defence attorney contends that a lack of evidence links the accused to the purported crime.

India’s financial crime-fighting agency and its domestic crime bureau are conducting separate investigations into Mr Michel.

The Delhi High Court has observed that both investigations remain unresolved and trials have not commenced, resulting in what it described as a “prolonged incarceration” of Mr Michel.

The judge remarked that the defendant’s six years in pre-trial custody was “alarmingly close” to the maximum sentence of seven years’ imprisonment for money laundering, one of the charges against him.

A court has granted bail to him in one of the cases, following a similar decision by the Supreme Court in another case on February 18.

Mr Michel is now permitted to exit Delhi’s high-security Tihar jail; however, he remains unable to depart from India due to the seizure of his passport.

In February 2010, a significant contract was finalised for acquiring 12 three-engine AW-101 helicopters, following AgustaWestland’s successful bid against competitors from the United States and Russia.

 The aircraft was designated for a prestigious squadron within the Indian Air Force, tasked with transporting the president, the prime minister, and other high-profile individuals.

 India received just three of the helicopters before the cancellation of the deal.

 Italian prosecutors are investigating allegations that nearly $67.6 million in kickbacks were allegedly paid to Indian officials to secure the contract.

 Giuseppe Orsi, the former chief of AgustaWestland’s parent company, previously known as Finmeccanica, and Bruno Spagnolini, the former head of AgustaWestland, faced trial in Italy on fraud and corruption charges.

 In 2018, both individuals were found not guilty.  Indian officials have stated that the acquittals will not impact the ongoing case in India.

 In 2016, the chief of India’s air force was arrested on bribery charges, though he was released on bail.

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