In that case, it will happen without them even being present – in absentia, as it is called. The businessmen are located in Dubai and England, respectively.
They are accused of having sucked about nine billion kroner out of the treasury. Wrongfully, the huge amounts were paid as a refund of dividend tax, the allegation in the indictment reads.
The indictment was ready in January this year. The behind-the-scenes police (Søik) could have chosen to go to court with the demand for custody in absentia at an earlier time.
However, it was decided to wait until the indictment was sent to the court. A written reply to Ritzau states that “Søik considered that this would be the most appropriate approach”.
On 15 January, the Court in Glostrup was requested to appear at a court hearing. But it was not held until March 29.
“Søik would have liked to have seen that the court hearing had been held earlier than it was, which, however, was not possible”, it is written in the answer.
In the ruling, the Court in Glostrup has stated that there is reason to believe that the men will “evade prosecution in the case” – that is, not appear for the upcoming criminal case.
Sanjay Shah has not wanted to come to Denmark to be questioned, and moreover, the police have “repeatedly” tried in vain to get Anthony Mark Patterson to talk about the case, the court points out.
In addition, the nature of the case and the prospect of a long-term sentence, if they are found guilty, suggest that the two will freely escape the prosecution, the city court believes.
The men have appealed the ruling on imprisonment in absentia to the high court. Patterson’s defense attorney, Henrik Stagetorn, has said that his client has not specifically demonstrated that he is unwilling to appear.
The complaint has, against the wishes of the Bagmandspolitiet, been given a so-called suspensive effect. Senior prosecutor Marie Tullin has said in a court hearing that extradition can take a long time. The sooner the extradition process can begin, the sooner the case can be processed, she has pointed out.
The order of imprisonment is a necessary tool to complete an extradition.
Incidentally, imprisonment in absentia implies that the defendants must be brought before the court no later than 24 hours after they have been “brought into this country”, as it is expressed.
Source: The Nordic Page