The Antiguan courts have denied an application by the country’s Attorney General and Commissioner of Police to strike out a claim by Mehul Choksi who alleges a constitutional violation arising out of apparent failure to adequately investigate his claims of being a victim of inhumane treatment and torture.
Indian-born businessman Choksi – who is facing serious fraud charges in his native land – was allegedly kidnapped from Jolly Harbour two years ago and taken to Dominica.
“Mr Choksi is pleased that the Attorney General’s attempt to prevent the courts from considering his claim seeking a full investigation of his kidnapping has been rejected,” a spokesman for the 63-year-old said.
“After being kidnapped in May 2021, Antigua has continuously attempted to delay any efforts to hold those responsible accountable despite the clear findings of the initial police investigation.
“This is another step towards those responsible for the kidnapping of Mr Choksi being brought to justice.”
Antigua and Barbuda’s contention that there was no specific breach of the Constitution was denied by Justice Marissa Robertson.
Finding in favour of Choksi, Justice Robertson, “In the circumstances of this case the claimant contends that he was subjected to ill-treatment. The claimant represents that he was assaulted, choked, strangled, restrained, beaten, punched about the head and body; that he was tasered; threatened with a kitchen knife and subjected to death threats; that he was tied with a rope to a wheelchair; that he was gagged and blindfolded; that he was told that his family would be in jeopardy; he was ill-treated to the extent that he lost consciousness.
“The claimant presents photographs and medical records to substantiate the allegations made in the claim.
“It is also noted that the absence of the claimant from the jurisdiction and his subsequent location in the Commonwealth of Dominica was widely reported. The claimant’s account that he was forcibly removed from the jurisdiction has been, at least initially, supported by the findings in one of the police reports that, ‘The further along this investigation processes more of the facts are aligning with Choksi’s version of the events that led to his appearance in the state of Dominica. The plethora of real and circumstantial evidence makes it clear that a case of kidnapping with broad collusion among multiple conspirators exists’.
“The claimant, having issued a claim, is entitled to have a resolution as to what is an appropriate response; whether the investigation was an “effective” investigation; whether an effective investigation includes extra-territorial investigations and whether other reliefs are available to the claimant.”
Justice Robertson added, “The question as to whether the investigation has been effective is not one which can be answered before the full facts are ventilated.
“As it stands certain reports have not been made available and those reports may influence the direction of the investigation and address whether other steps are or were required and therefore inform on the effectiveness of the investigation.
“The claimant also notes that no recent steps have been taken by the defendants.”
The judgement was handed down on March 3. It can be read by clicking here.