Punneet Puneet extradition status

[redsonic]

Article on ABC news From the country's first serial killer to 'rug lord' Tony Mokbel: Australia's infamous extradition cases
around 12 requests per year & ~75% successful, but they don’t mention the average time.

As for Punneet, I still think the Australian government should, as an act of compassion, allow him to serve his time in an Indian prison

Does not deserve any compassion. IMO.

I think the term "compassion" is here used sardonically.

[ColinOldnCranky]

It took 6 years to get the lady out of Israeli. How long has it been now with Puneet?

For the record, key points along the timeline:

• 1Oct2008, 12:50am - Puneet, 19yo, killed one pedestrian nursing student Dean Hofstee 19yo and injured his friend Clancy Cloker 20yo.
• 04Feb2009 - Puneet, now 20, pleads guilty to culpable driving causing Mr Hofstee's death and negligent driving causing serious injuries to Mr Coker.
• 2009 - Fled Australia on friends passport.
• 21Aug2009 - The State Government declares cost would be no object in bringing Puneet back from India, but...
• 7Aug2012 - Reward of $100,000 offered by Victorian police.
• Th28Nov2013 -  (Also reported as arrested on 30th)Police nabbed Puneet in a hotel in Panipat, 90km north of Delhi where he was meeting with family members. He was dressed in his wedding clothes.
• We18Dec2013 - Extradition hearing #1
• After multiple failures, finally gets bail. (Piddlingly inadeqaute amount at risk if he absconds.)
• Oct 2015 - Puneet gone missing again, post bail.
• 17Feb2018 - Failed to appear in court. Hospitalised after taking non-lethal dose of rat poison.
  and thereater heaps more but of little new - claims of being victimised, claims of Oz going to kill him, claims of being the real victim, yada yada yada...
  
  So, he fled in 2009, he faced his first extradition hearing in 2013, and there have been a massive number of hearings since, with little of substance ever offered up in defence by Puneet's legal team, probably because they have little to work with.

[ColinOldnCranky]

Again the court has adjourned the "final Arguments" session.

The article posted here lists just a smattering of the various and repetitive delaying tactics used to date. It comes from the Bharat Times, an Australian publication for Indians living in Oz.

The next "Final" session is set for 18 March.

Extradition of Puneet adjourned again to March 18 | bharattimes.com
By: Shalini Singh On: March 9, 2021 In: Indian, Local


Australia’s request for extradition of hit-run driver Puneet, who fled Australia after admitting to killing 19-year-old Queensland nursing student, Dean Hofstee and injuring Clancy Coker, in Southbank in October 2008, has again been adjourned to March 18.
Puneet has used almost every excuse under the sun and is now re-using some of those used again and again. The excuse this time was that his lawyer was not available. In the legal terminology, the adjournment was sought on behalf of the fugitive criminal because his learned defence counsel was not available.

Puneet has used – racism card a number of time, He has also challenged the very petition filed on behalf of Australia on the basis that the extradition arrangements between the two councties were signed off on in 2011, which was after the accident which killed Dean Hofstee and injured his friend Clancy Coker in October 2008.

His lawyers also challenged the application on technical grounds that Puneet was not ‘convicted’ and only charged to appear for plea bargaining (on 20 August 2009). Altho9ugh it tooki quite some time to settle the issue and defeat his challenge but that was overcome back in 2017.

Soon followed the medical condition drama he enacted quite well over a few hearings and bought himself a good amount of time.
Fortunately for the Hofstee family, the judge at the time Ms Gurmohina Kaur was in charge of the case and she quite judiciously and adeptly dealt with the obstacles.

After Ms Kaur was transferred, there has been a flurry of new judges and case has been thrown in a vicious circle of legal loop where, it has now been in the “Final Arguments” stage for many times since April 2018. Now for the third time, the court has been hearing the “Final Arguments” since November 9, 2020 and will for the 9th court appearance hear the continuation of the “final argument” stage.
In the context of natural justice, an age old adage goes – ‘justice delayed is justice denied’. Looking at the proceeding of Puneet’s extradition, it feels – the jurisprudence read by officials and lawyers while training for their respective jobs did not have that maxim explained to them.

In the past, this case has been adjourned on application of Puneet claiming his lawyer was unwell, only this time he was unavailable. One would wonder – if the matter will reach its conclusion on March 18.

Only time will tell.

[redsonic]

The male Indian nurse who fled the country in the wake of Toyah Cordingley's murder in Cairns is subject to an extradition request.
I wonder how slow the wheels of justice will be in this case? Quite a different situation; no guilty plea, but whether the individual learns from Puneet's various stonewalling tactics remains to be seen.

ABC News

[ColinOldnCranky]

I have seen an ABC video report stating that both sides have now wrapped up their arguments. It is now up to the judge to decide. I understand that even if the judge decides on extradition, an Indian Government minister must then sign off on it. Puneet does not appear to have garnered much support in Government or in the public or media space in India.

The video is undated but it appears to be of the last few days.

The report states that Puneet's lawyers have argued that the offense needs to have a MINIMUM sentence of at least year. The lawyers for extradition state the opposite. Looking 6.10 of the treaty in it's "proposed" form, it seems that Puneet's are right. I have not seen the ACTUAL treaty agreement, just the proposed.

As per the proposed treaty:

Proposed extradition process 6.10

The Extradition Treaty will apply to Australian and Indian nationals who are wanted for prosecution, or for the imposition or enforcement of a sentence, in relation to sentences with a minimum punishment of at least one year in jail.

I don't have an good feeling about this. I'm hoping that 6.10 of the proposed treaty was an error corrected in the actual treaty.

[ColinOldnCranky]

Aah, found waht I gather are the current regulations wrt the treaty at Extradition (India) Regulations 2010

It states, under Article 2 - Extraditable Offences, the following:

1. For the purposes of this Treaty, extraditable offences are offences, however described, which are punishable under the laws of both Contracting States by imprisonment for a maximum period of at least one year or by a more severe penalty. Where the request for extradition relates to a person convicted of such an offence who is wanted for the enforcement of a sentence of imprisonment, extradition shall be granted only if a period of at least six months of such penalty remains to be served.

So according to it, the lawyers FOR extradition are correct. Good news.

However, I also note that there must be at least 6 months remaining of the penalty. AFAIK Puneet, who absconded while on bail awaiting sentencing, has never been sentenced in his absence. You would expect that a competent lawyer for Puneet would have made such an argument. However Puneet never seems to have had competent lawyers so who knows.

[mikesbytes]

There's a number of separate offences, using someone else's passport is one of them. I'm wondering if the argument would say that each offense is less than one year each

[antigee]

The Extradition Treaty will apply to Australian and Indian nationals who are wanted for prosecution, or for the imposition or enforcement of a sentence, in relation to sentences with a minimum punishment of at least one year in jail.

...or for the imposition...this is what applies as my understanding is Punneet Punneet absconded after pleading guilty to Culpable Driving Causing Death and whilst awaiting sentencing

In Victoria the typical sentence for this offence is 5 - 7 years imprisonment - non jail term/suspended sentences are extremely rare

The following sections analyse the use of imprisonment for the offence of culpable driving causing death from 2013–14 to 2017–18.

Principal Sentence of Imprisonment
A total of 56 people received a principal sentence of imprisonment for culpable driving causing death. Of the 56 people, 54 received a non-aggregate term of imprisonment and 2 people received an aggregate term.

Figure 3 shows the length of imprisonment for the people who received a non-aggregate term.[12] Imprisonment terms ranged from 4 years to 11 years, while the median length of imprisonment was 6 years (meaning that half of the imprisonment terms were below 6 years and half were above).

The most common lengths of imprisonment imposed were 5 to less than 6 years and 6 to less than 7 years (13 people each).

https://www.sentencingcouncil.vic.gov.a ... sing-death

[find_bruce]

Doesn't matter what the likely sentence is - the question is the maximum sentence & for Culpable Driving Causing Death in Victoria its a maximum of 20 years - section 318 of the Crimes Act.

The other question is the maximum sentence for culpable driving in India must also be over 1 year

As far as I am aware, provisions with a minimum sentence are very rare in Australia, even for murder

[mikesbytes]

The defense will probably bring up examples where the sentence was less than 1 year in Australia

[London Boy]

Aah, found waht I gather are the current regulations wrt the treaty at Extradition (India) Regulations 2010

It states, under Article 2 - Extraditable Offences, the following:

1. For the purposes of this Treaty, extraditable offences are offences, however described, which are punishable under the laws of both Contracting States by imprisonment for a maximum period of at least one year or by a more severe penalty. Where the request for extradition relates to a person convicted of such an offence who is wanted for the enforcement of a sentence of imprisonment, extradition shall be granted only if a period of at least six months of such penalty remains to be served.

So according to it, the lawyers FOR extradition are correct. Good news.

However, I also note that there must be at least 6 months remaining of the penalty. AFAIK Puneet, who absconded while on bail awaiting sentencing, has never been sentenced in his absence. You would expect that a competent lawyer for Puneet would have made such an argument. However Puneet never seems to have had competent lawyers so who knows.

Let's assume those are the current terms. If that is the case, then your second point should have been qualified, "relates to a person ... who is wanted for enforcement of a sentence". He has not yet been sentenced, so he is not such a person.

[London Boy]

Doesn't matter what the likely sentence is - the question is the maximum sentence & for Culpable Driving Causing Death in Victoria its a maximum of 20 years - section 318 of the Crimes Act.

The other question is the maximum sentence for culpable driving in India must also be over 1 year

As far as I am aware, provisions with a minimum sentence are very rare in Australia, even for murder

There does not appear to be an offence in India of causing death by dangerous driving. However, according to the Penal Code, "Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."

Dangerous driving would appear to fit into that offence. Dangerous driving where death does not occur has a penalty of up to six months.

No wonder Indian roads are so dangerous.

[mikesbytes]

I'd bet if he was in court now, he would argue that people in India are banned from travelling to Australia

[ColinOldnCranky]

Not seeing any news about this since statements about Covid related delays. Anyone heard anything over the last, say, two months?

[ColinOldnCranky]

WHOO WHOO! PROGRESS! AT LAST.

Dated last Thursday, it appears that the Delhi District Court has, at last, cleared the way for the extradition of Puneet
(See item 95 at the end of the Extradition Report of the Delhi District Court at https://indiankanoon.org/doc/196837510/ ... KjcnBszQai)

95. In view of my report, I hereby recommend to the Union of India the extradition of FC Puneet to the Requesting State i.e. Government of the Commonwealth of Australia for facing trial for the offences of:
(i) Culpable Driving under Section 318(1) of the Crimes Act, 1958 (Victoria);
(ii) Negligently causing serious injury under Section 24 of the Crimes Act, 1958 (Victoria);
(iii) Improper use of a foreign travel document under Section 21(2) of the Foreign Passports (Law Enforcement and Security) Act 2005 (Commonwealth).

I'm yet to do anything with it other than save a copy and it looks like pretty heavy reading. If there is anyone here with a grasp of legal documentation you may care to explain it all.

More importantly, does anyone know if Puneet has any further appeals outside of appealing to Executive government (Minister for example).


Colin

[Thoglette]

I'm yet to do anything with it other than save a copy and it looks like pretty heavy reading. If there is anyone here with a grasp of legal documentation you may care to explain it all.

His Honour said Ld. Counsel for FC is taking a lend. On all points.

[ColinOldnCranky]

I am assuming that you are referring to the rejection of all the points raised by Ld in 94. Or should I do a search on the legal meaning of "lend". LoL.

Puneet, other than aging ten years and royally screwing up his life even more, didn't really achieve anything. Though slow, the law does provide some justice (assuming that his extradition is finalised).

[Shred11]

Though slow, the law does provide some justice (assuming that his extradition is finalised).

A former Police prosecutor once told me that “The wheels of justice turn slowly, but they grind very very fine.”

[mikesbytes]

He will test covid positive before boarding the plane

[ColinOldnCranky]

He will test covid positive before boarding the plane

That's fine. If he tries that one on then he'll simply get two weeks solitary confinement even before he takes up residence in the big house.

[fat and old]

I plan to be at the airport to personally greet old mate when he arrives

[ColinOldnCranky]

I plan to be at the airport to personally greet old mate when he arrives

Perhaps drink five or six vodkas first, until about 1am. Having left the bar so late, drive at speed in accordance with your tardiness through the city's darkness.

What could possibly go wrong?

[fat and old]

I plan to be at the airport to personally greet old mate when he arrives

Perhaps drink five or six vodkas first, until about 1am. Having left the bar so late, drive at speed in accordance with your tardiness through the city's darkness.

What could possibly go wrong?

Nah, nah....nothing that could possibly cause him to be sent home or get some leniency. Just a friendly wave and "So where the bloody hell are you? We poured you a beer" as recommended by Tourism Australia

[redsonic]

Punneet is now in custody in India, with the extradition process ongoing.

ABC News

[Grog]

There's also a piece in The Australian today about this.
Can't post the link as the one I have is through a work subscription, sorry