The Telegraph
Since 1st March, 1999
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Court blow to Quattrocchi

Kuala Lumpur, Oct. 21 (PTI): A Malaysian high court today dismissed the application of Italian businessman Ottavio Quattrocchi for a judicial review of extradition proceedings against him to bring him to India for trial in the Bofors case.

“Judicial review being a discretionary remedy, a pre-committal application for judicial review of the extradition process is premature,” Judge Abdul Aziz Bin Mohamad of Kuala Lumpur High Court said. “I, therefore, dismiss this application with costs,” he said. The judge also asked Quattrocchi to pay the costs.

Quattrocchi’s counsel Muhammad Shafee Abdullah said he will seek a review of the judgment in the court of appeal. He has a month to challenge the verdict.

The judge held that Quattrocchi can raise all the issues that he wants to before the sessions court, where the extradition case was filed.

Counsel Cyrus V. Das represented the Government of India during the hearing, while senior federal counsel, Kamarul Hisham represented the government of Malaysia.

If Quattrocchi opts for appeals against the judgment, the lower court can proceed with re-opening of the case, the lawyers said.

To stop the sessions court in Malaysia from restarting the extradition case, Quattrocchi has to get a separate stay order, they added.

Lawyers said it is uncertain when the sessions court will re-start extradition proceedings. This, they explained, depends on the availability of dates from the judge and the counsels representing the case. The lawyers added that it may take a few weeks.

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