Karachi businessman moves London High Court against extradition to US

LONDON: Karachi businessman Jabir Siddiq Motiwala approached the London High Court on Monday against the Westminster Magistrate’s Court verdict ordering his extradition to the United States to face charges of alleged extortion, blackmailing, and import of A-class drugs – charges which Motiwala has strongly denied in court defence.

Official sources told this correspondent that the Karachi businessman has challenged the decision of District Judge John Zani of the Westminster Magistrates’ Court who had rejected extradition challenges of Motiwala and referred the extradition case to the Secretary of the State declaring that he faces criminal prosecution complies with his Convention Rights within the meaning of the Human Rights Act 1998.

On February 6, 2020, Judge Zani had ordered Motiwala’s extradition after a lengthy trial.

Appeal at the London High Cout’s Queen’s Bench Division had been lodged by Counsel Edgward Fitzgerlad QC, Daniel Sternberg and solicitors Deepak Vij and Amirah Ajaz of ABV Solicitors.

Motiwala is sought for extradition by the American government, alleging that together with others, Motiwala was involved in a conspiracy to launder money, to collect credit extensions by extortionate means and to import narcotics to the USA. The maximum sentence on conviction in the US is 20 years imprisonment for money-laundering; 20 years for extortion and life imprisonment for drugs import and the same carries a mandatory minimum sentence of 10 years imprisonment.

Motiwala is on remand at the crowded Wandsworth prison where there is a COVID-19 coronavirus outbreak. Lawyers of several prisoners at the same prison have asked the government to release the inmates to save themselves from the deadly coronavirus.

Motiwala was arrested in London in August 2018 during a raid at Hilton Hotel on Edgware Road. Motiwala denies all charges against him and said he has never done anything wrong.

During the last hearing around three months ago, Judge Zani had asked US authorities to come clean on whether an “enhanced terror charge” or “terrorism enhancement” will be added to Motiwala charges if he were to be extradited to the US.

Defence Counsel Edward Fitzgerald QC had told the Westminster Magistrates’ Court that Motiwala should not be extradited to the US because his human rights under Article 3 would be breached. He had told the court that prison conditions in the US are inhumane and degrading, rendering Motiwala’s life in danger.

Two American expert witnesses had told the Westminster Magistrates’ Court that extraditing Motiwala will put his life at risk in unsafe jails, his mental health will further deteriorate therefore placing him in a high risk of suicide.

They also provided reports to the court about deplorable jail conditions following the death of Jeffrey Epstein on August 10, 2019. Epstein was housed in the Special Housing Unit where he was subject to solitary confinement prior to his death.

The experts had told the court that the Metropolitan Correctional Centre (MCC) and the Metropolitan Detention Centre (MDC) New York are overpopulated prisons, mismanaged, understaffed, troubled with racism, with these issues being a recurring theme for many years without any action being taken.