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This is an archive article published on January 10, 2018

Agusta Westland verdict will impact probe in India, say former CBI chiefs

Last September, the CBI had filed a charge-sheet against former IAF chief S P Tyagi and nine others for alleged bribery of Rs 450 crore in the deal.

AgustaWestland case, VVIP chopper deal, VVIP chopper scam, SP Tyagi, Carlos Gerosa, Agustawestland Carlos Gerosa, Italy, India-Italy, Italy court order, CBI, Enforcement Directorate Former CBI directors said that the decision will “impact” the probe here.

A DAY after an Italian court acquitted Giuseppe Orsi, former president of Italian defence giant Finmeccanica, and Bruno Spagnolini, former CEO of the company’s helicopters subsidiary AgustaWestland, a top legal expert on Tuesday said that the case against Indians “will not survive” now, and at least two former CBI directors said that the decision will “impact” the probe here.

On Monday, CBI spokesperson Abhishek Dayal had said, “CBI probe is independent and the case against accused persons is very strong. Their (trial, in Italy) was conducted on the basis of evidence provided by Italian authorities.”
On Tuesday, noted criminal lawyer Majeed Memon told The Indian Express, “In the Agusta case, two accused persons have been found not guilty for involvement in criminal activity. The alleged involvement of others (who, according to some allegations, are Congress leaders) is based on the links with the two local men. When the link is broken, the case against Indians will not survive.”

Former CBI special director D R Karthikeyan, however, said, “The acquittal in Milan will have some psychological impact but in substance will not have much impact on the CBI’s investigation. Insufficient or lack of evidence does not mean that they are innocent. We will have to examine the Italian court’s judgment — if the ruling says there is insufficient evidence, then the CBI does not have to worry.”

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Another former CBI chief A P Singh said, “From what I read, there is some kind of money trail. There is some money which comes from there (Italy) and has gone to the accused persons (in India). Now they are saying these men (Orsi and Spagnolini) were to pay (to Indians). How did this money come from and how did it reach the accused? All this will impact (CBI’s probe) but it should not have a major impact on the CBI-ED case.”

Another former CBI director, who headed the investigation in the AgustaWestland case when it first broke, said, “I understand the CBI has a strong case. We have sufficient evidence that will stand the scrutiny of the courts in India.”
Memon said, “A lot of noise was made by the BJP about the Gandhi-Nehru family, or (that) some Congress leaders…(allegedly) had anything to do with the alleged crime…. Political mileage was sought to be drawn, (but that) has all fallen flat. The conspiracy in the scam, or any criminal act attributed to Indians, cannot be sustained in isolation when the local court in Italy have not found them guilty.”

Last September, the CBI had filed a charge-sheet against former IAF chief S P Tyagi and nine others for alleged bribery of Rs 450 crore in the deal. The agency alleged there was an estimated loss of Euro 398.21 million (approximately Rs 2,666 crore) to the exchequer in the deal.

The case against Orsi and Spagnolini resulted from an investigation launched in 2012 into sale of 12 luxury helicopters to India. The two were accused of international corruption and false invoicing in relation to bribes exchanged for the contract with India. Both were cleared on charges of international corruption at the first-instance trial in 2014 but were convicted of false invoicing and sentenced to two years in jail.

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Talking about the Milan court on Monday acquitting the duo, Karthikeyan said, “It is also possible for Italian authorities to go for a review against the acquittal if they find a lacunae in the judgment.”

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