An Indian national had knowledge of his actions the night he killed a Queensland student in a Melbourne drink-driving incident and should be extradited to Australia, prosecutor lawyers say.
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Puneet Puneet was a 19-year-old learner driver when he killed Dean Hofstee in 2008, but fled to India while out on bail. He was arrested five years ago, on his wedding day, and has been facing drawn-out extradition hearing to determine if he should be sent back to Melbourne.
Prosecutor lawyers argued on Monday that all the legal requirements for returning Puneet to Australia had been fulfilled.
Bhaskar Vali, on behalf of the Union of India, which handles extradition matters, said: "What we are trying to establish is knowledge, not intention, but knowledge of his [Puneet's] actions."
He said that the three main conditions for extradition were: prima facie evidence for a case; dual criminality - that the crime in Australia was also a crime in India; and that the crime merited a mandatory punishment of more than one year. He said these had all been met.
Vali summarised the events of October 1st 2008, when Puneet was seen drinking at a bar and then drove home "reaching 150kmh in a 60khm zone", said Vali. "A truck driver has testified that he saw Puneet overtake him, in the truck driver's words at a 'furious speed'."
"He then took a curve at 150kmh before losing control of the vehicle and hit two people exiting a hotel. Dean Hoftsee, who perished on the spot, and Clancy Coker, who was maimed and hospitalised."
Vali claimed that from the start Puneet had tried to hide his actions, by initially saying his passenger was driving, and then driving more than 20km to "hide out a friend's place." However Vali then conceded that Puneet had admitted his actions when found by police.
The proceedings had begun in confusion, after the court was told that the lead defence counsel, Khaniya Kumar Singhal, was absent as he was suffering "from jaundice" - despite Vali saying he had seen Singhal that day.
Judge Gurmohina Kaur said that there had been enough delays in the case and that they should proceed with the facts of the case.
"The facts have been presented to the court in evidence, you can't argue with that. So let us proceed", she said.
"I actually have my arguments ready", said Vali, before beginning his narration of the events of the incident 10 years ago. He said: "Puneet has pleaded guilty, he has signed every document about it. He said he was not a flight rsk back in 2008 but then he duped his friend into getting his passport and fled to India."
The case has been going on for nearly four years, with the defence repeatedly arguing that Puneet's mental health was a issue - but he was declared cerebrally fit to stand the trial last month.
The defence is expected to give its narration of the facts at the next hearing, slated for 14 January 2019.
Australian Associated Press