Indian diamond trader and Antiguan citizen Mehul Choksi has been ordered to be remanded at the Dominica State Prison (DSC). Magistrate Pearl Williams ordered Choksi remanded despite pleas by his lawyers that his health is deteriorating and that he should remain under medical supervision at the Dominica China Friendship Hospital (DCFH).
The Dominican government is charging Choksi with illegal entry into the country after he allegedly fled Antigua and came by boat to Dominica. Although he pleaded not guilty to illegal entry, Choksi argued that he was kidnapped from Antigua and brought to Dominica under strange circumstances. He has remained under police custody at the DCFH since then.
Choksi first appeared in court on June 2 where acting DPP Sherma Dalyrample requested that he appear in magistrate court every three days until his discharge from the DCFH. Dalyrample made this request to Chief Magistrate Candia Carrette George pursuant to Section 212 of the magistrate code of conduct. Magistrate Williams on June 11 reviewed the DPP’s application but could not rule on it since the High Court was hearing an application of bail for Choksi that the same day.
On June 17, Choski’s lawyers told Magistrate Williams that he could not be in court because of a setback in his health and presented a medical report to that end. But the magistrate said she lacks jurisdictional powers to retain the accused in police custody at the DCFH and ordered that he be remanded at the DSC.
Three of Choksi’s lawyers – Julien Prevost, Zena Moore-Dyer, and Gina Dyer-Munro – contended that their client is bleeding in the head and remanding him in prison would be inhuman. They said the decision would worsen their client’s health to the point that he might require emergency care. But Williams insisted that her order will stand and that the court will arrange with DCFH to have Choksi moved to DSC.
Choksi’s attorneys said they will approach the High Court to overturn Williams order.
Meanwhile, Indian authorities have filed fresh charges against Choksi, saying he defrauded the Punjab National Bank of about $100 million USD. The Central Bureau of Investigation claimed in a new charge sheet that Choksi fraudulently obtained 165 Letters of Undertaking and 58 Foreign Letters of Credit in collusion with bank officials and then instigated a massive cover-up.
The Indian government said the new charge sheet will be presented at Dominican courts to facilitate Choksi’s deportation to India.
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