A Special Court has put on trial Switzerland-based Swiss Timing Ltd for allegedly conspiring and cheating the exchequer in a Commonwealh Games scam case involving Suresh Kalmadi and nine others. The court has also asked Central Bureau of Investigation (CBI) to file a chargesheet against the firm's three senior officials.
The court framed charges of cheating and conspiracy against Swiss Timing Ltd for allegedly causing a loss of over Rs 95 crore to the exchequer and said the record of the case prima facie suggests there are ‘incriminating evidence about the involvement’ of its three officials in the case. 'It is during the perusal of the entire record of the case for proceeding against accused no. 11 (Swiss Timing), whose trial was separated...., it is observed that prima facie there is sufficient incriminating evidence about the involvement of Christophe Berthaud, General Manager of A-11, S Chianese, Sales & Marketing Manager of A-11 and J Spiri, Multi Sports Events & Sales Manager of A-11 in the offences involved in the present case,' Special CBI Judge Ravinder Kaur said.
'Thus, the process is liable to be issued against them to seek their presence before the court. Process against them be issued through proper channel for 28 May, 2013. The proceedings against these three people are separated from the main file which is already fixed for prosecution evidence. The investigating officer is directed to file a copy of charge sheet against the above referred three people,' the judge said.
Swiss Timing Ltd was chargesheeted by CBI along with Kalmadi and others in a case relating to illegally awarding a contract to install Timing, Scoring and Results (TSR) system for the 2010 CWG to Swiss Timing Ltd at inflated rates causing a huge loss to the exchequer.
CWG Organising Committee (OC) sacked chairman Kalmadi, OC's former secretary general Lalit Bhanot and eight others are facing trial in the case for offences punishable under the IPC and the Prevention of Corruption Act.
The court, in its order, held that Swiss Timing Ltd would be tried along with other 10 accused in the case and asked for issuance of a court notice to their advocates 'so that accused no. 11 is aware that its trial is being conducted along with the other accused persons.'
While directing CBI, which is represented by prosecutor V K Sharma, to file a charge sheet against the three persons, it said the name of a person, who had allegedly acted and entered into a criminal conspiracy on behalf of Swiss Timing Ltd with the other accused, is not there in the charge sheet.
'Swiss Timing Ltd, being a registered company, had no brain or muscles and thus the acts and omissions of the company can only be attributed to its directors/employees. It could only be through the criminal state of mind of these directors/employees that accused no. 11 could commit the offences involved in the present case and thus they too are liable to be prosecuted for the offences involved in the present case along with accused no. 11,' the judge said.
The court said the material available on record 'speaks of the criminal conspiracy entered into between accused no. 1 to 10 and accused no. 11 through Spiri, Chianese and Berthaud.'
Detailing their roles, the court said Swiss Timing Ltd was represented by Spiri at the stage of the pre-qualification bid on 4 November, 2009 and also at the stage of technical bid on 4 December, 2009.
GRAFT GAMES
The court framed charges of cheating and conspiracy against Swiss Timing Ltd for allegedly causing a loss of over Rs 95 crore to the exchequer and said the record of the case prima facie suggests there are ‘incriminating evidence about the involvement’ of its three officials in the case. 'It is during the perusal of the entire record of the case for proceeding against accused no. 11 (Swiss Timing), whose trial was separated...., it is observed that prima facie there is sufficient incriminating evidence about the involvement of Christophe Berthaud, General Manager of A-11, S Chianese, Sales & Marketing Manager of A-11 and J Spiri, Multi Sports Events & Sales Manager of A-11 in the offences involved in the present case,' Special CBI Judge Ravinder Kaur said.
'Thus, the process is liable to be issued against them to seek their presence before the court. Process against them be issued through proper channel for 28 May, 2013. The proceedings against these three people are separated from the main file which is already fixed for prosecution evidence. The investigating officer is directed to file a copy of charge sheet against the above referred three people,' the judge said.
Swiss Timing Ltd was chargesheeted by CBI along with Kalmadi and others in a case relating to illegally awarding a contract to install Timing, Scoring and Results (TSR) system for the 2010 CWG to Swiss Timing Ltd at inflated rates causing a huge loss to the exchequer.
CWG Organising Committee (OC) sacked chairman Kalmadi, OC's former secretary general Lalit Bhanot and eight others are facing trial in the case for offences punishable under the IPC and the Prevention of Corruption Act.
The court, in its order, held that Swiss Timing Ltd would be tried along with other 10 accused in the case and asked for issuance of a court notice to their advocates 'so that accused no. 11 is aware that its trial is being conducted along with the other accused persons.'
While directing CBI, which is represented by prosecutor V K Sharma, to file a charge sheet against the three persons, it said the name of a person, who had allegedly acted and entered into a criminal conspiracy on behalf of Swiss Timing Ltd with the other accused, is not there in the charge sheet.
'Swiss Timing Ltd, being a registered company, had no brain or muscles and thus the acts and omissions of the company can only be attributed to its directors/employees. It could only be through the criminal state of mind of these directors/employees that accused no. 11 could commit the offences involved in the present case and thus they too are liable to be prosecuted for the offences involved in the present case along with accused no. 11,' the judge said.
The court said the material available on record 'speaks of the criminal conspiracy entered into between accused no. 1 to 10 and accused no. 11 through Spiri, Chianese and Berthaud.'
Detailing their roles, the court said Swiss Timing Ltd was represented by Spiri at the stage of the pre-qualification bid on 4 November, 2009 and also at the stage of technical bid on 4 December, 2009.
GRAFT GAMES
- The court framed charges of cheating and conspiracy against Swiss Timing Ltd for allegedly causing a loss of over Rs 95 crore to the exchequer
- Swiss Timing Ltd was chargesheeted by CBI along with Kalmadi and others in a case relating to illegally awarding a contract to install Timing, Scoring and Results (TSR) system for the 2010 CWG to Swiss Timing Ltd at inflated rates
- CWG Organising Committee (OC) sacked chairman Kalmadi, OC’s former secretary general Lalit Bhanot and eight others are facing trial in the case