In a landmark ruling by a Swiss court, four members of the UK's richest family of Indian descent, the Hindujas, were sentenced to prison, with the judge condemning as “selfish” their exploitation of migrant staff at their Geneva mansion.
Despite their absence in court, lawyers for the Swiss-Indian family vowed to appeal the verdict on Friday.
While they were acquitted of human trafficking charges, the defendants faced convictions of others in a surprising legal outcome for the Hindujas, whose wealth amounts to $47 billion according to the sunday time.
Prakash Hinduja, 78, and his wife Kamal Hinduja, 75, each received four years and six months, while his son Ajay, 56, and his wife Namrata, 50, were sentenced to four years, according to ruled the presiding judge in Geneva.
Guilty of “usury”
The court found them guilty of “usury”, highlighting their exploitation of India's vulnerable migrant staff by paying them miserable wages. “The inexperience of the employees was taken advantage of,” Judge Sabina Mascotto stated in her ruling.
“They had little or no education and did not know their rights. The motives of the accused were selfish,” he said, adding that the Hindujas were motivated “by the desire to make profits.”
The court acquitted them of the more serious charge of human trafficking because the workers had voluntarily traveled to Switzerland.
Operating wages
During the trial, the family was accused of bringing in servants from their native India and confiscating their passports upon arrival in Switzerland.
Prosecutor Yves Bertossa accused the Hindujas of spending “more on their dog than on their domestic servants.”
The family paid domestic staff about 325 francs ($363) a month, up to 90% less than the usual salary, the judge said.
“The four Hinduja defendants knew the weak position their employees were in and knew the law in Switzerland,” Mascotto said.
The family denied the allegations and claimed that prosecutors wanted to “do in the Hindujas.”
They had reached a confidential out-of-court settlement with the three employees who made the accusations against them, which led them to withdraw legal action, the defense stated.
Seriousness of charges
Despite this, the prosecution decided to continue with the case due to the seriousness of the charges.
Following the verdict, Bertossa requested an immediate arrest warrant for Ajay and Namrata Hinduja, citing a flight risk.
The judge denied this, accepting the defense argument that the family had ties to Switzerland. He noted that Kamal Hinduja was hospitalized in Monaco and the other three family members were at her bedside.
The two senior Hindujas had been absent since the start of the trial due to health reasons.
A statement from defense lawyers who announced the appeal said they were “horrified and disappointed” by the court's ruling.
But he added: “The family has full faith in the judicial process and remains confident that the truth will prevail.”
Modern slavery?
The defense had argued that the three employees received ample benefits, were not kept in isolation and were free to leave the villa.
“We are not dealing with abused slaves,” Nicolas Jeandin told the court.
In fact, the employees “were grateful to the Hindujas for offering them a better life,” said fellow lawyer Robert Assael.
Representing Ajay Hinduja, lawyer Yael Hayat criticized the “excessive” accusation, arguing that the trial should be a matter of “justice, not social justice.”
Namrata Hinduja's lawyer, Romain Jordan, also called for an acquittal, saying prosecutors were trying to set an example for the family.
He argued that the prosecution had failed to mention additional payments made to staff on top of their cash salaries.
“No employee was cheated out of their salary,” Assael added.
With interests in oil and gas, banking and healthcare, the Hinduja Group is present in 38 countries and employs around 200,000 people.
