New Delhi:
David Headley's lawyer John Theis spoke to NDTV after the court proceedings saying that India will be able to question Headley.
NDTV: Mr Thais, David Coleman Headley's plea bargain says that he could have to testify in a foreign judicial proceeding held in the US. He could have to do so either by deposing or by video conference. Does this mean that Indian authorities will be able to directly sit across the table from him and question him?
Thais: The specifics of how that would be worked out, I don't know, how they would do that at this time. But the plea agreement does interspace that Indian authorities would be able to question him. As you say across the table, I don't know how it's going to happen. But he has agreed to make himself available for interrogation by Indian law enforcement authorities or any authorized Indian authorities on relevant issues particularly involving the kind of course that took place in India.
NDTV: So do you say that the Indian authorities' demands have been met and that this is not a setback for India?
Thais: I can't see how it can be interpretated as a setback for India. They are going to have the same opportunities that the United States Government has to question Mr Headley. He will make himself available and his lawyer will be present. He is required under the terms of the agreement, to cooperate with Indian authorities as well as Danish or Pakistanis, if they chose to do the same thing. And if he were to refuse to answer questions from Indian authorities, he would be in violation of his plea agreement and the agreement would no longer be valid.
NDTV: The defendant will have to testify in a foreign judicial proceeding either by deposing or by video conference. Can you please clarify.
Thais: Well, and there's a third possibility too. I think the reason they left it, different possibilities are because he is in custody and if any questioning would take place, they would determine what had to be done. It could be done, where he is, in one location, the questioner is in another location or he may well be just across the table from an Indian law enforcement group. If that's the way it works out. The problem is that I am his lawyer, I don't get to determine the way it's done, because he is in the custody of the United States. They are going to have a voice in how the physically how it actually happens. But he will be available, I don't know the timing, but he is required to do so under the terms of the agreement.