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International

UK court: Give us video of Mum jail cell Mallya will get Judge Wants To Check Windows, Flow Of Light

August 01, 2018 05:31 AM

COURSTEY TOI AUGUST 1

UK court: Give us video of Mum jail cell Mallya will get
Judge Wants To Check Windows, Flow Of Light
Naomi Canton

London:

The judge hearing fugitive businessman Vijay Mallya’s extradition trial has ordered a video to be taken of the prison cell the 62-year-old would be housed in after the ex-Kingfisher chief ’s counsel said the photos “did not show any natural light”.


Chief magistrate Emma Arbuthnot on Tuesday ordered Mark Summers QC, representing the Crown Prosecution Service, on behalf of the government of India, to provide a video of Barrack 12 at Arthur Road Jail in Mumbai in three weeks’ time so she can see “how the windows are”. The next hearing in the extradition trial will be on September 12. Westminster magistrates’ court heard on Tuesday that Barrack 12 was a prison within a prison covered by a security blue steel sheet.

“The government of India has asserted there is sufficient natural light... But we... our expert said it seemed difficult to work out where the light is coming from,” Clare Montgomery QC, representing Mallya, said.


‘ALL CHARGES ARE FALSE’: Mallya in London on Tuesday P 9

MALLYA CASE

‘Jail photos show India’s assurances are unreliable’

It is clear whatever the light is, it is not natural light flooding into the cell throughout the day. These photos demonstrate India’s assurances cannot be relied upon,” Clare Montgomery QC, representing Mallya, said. “It seems unlikely the building within a building has any access to natural light because the sun does not shine through a prison building into another building.

“Their photos are supposed to demonstrate natural light,” she said. She then pointed out a shadow cast by a “distinctively shaped grill above the door” to the barrack “does not appear to be the sort of shadow cast by natural light”.

“The only way of getting that photo is to shine a bright light through that grill, and open the doors to get it shining into the barrack. That cannot be a photo of natural light on any view. Now we know Barrack 12 is within a large steel box and there is no natural light. The government has said there is natural light and that is the whole point of their assurances,” she said. “There is no angle of the sun that I can conceive of other than by manipulation of the doors where light is shining in that way.”

Summers defended the photos, saying: “The horizontal bars on the windows allow natural light and air into the building through the corridors and from there into cells.”

Handing Arbuthnot another letter of assurance, he said there was enough material for Arbuthnot to determine if this met Article 3 of the European Convention on Human Rights and “there was no need for an inspection”.

“This where he will be in pre-trial, during trial and, if convicted, whatever length of sentence he receives,” Summers added. He said Mallya would get clean mattresses, blankets and pillows and there was no risk of “collapse of the building”, which had been a concern of Arbuthnot’s.

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