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Defence Strategy for Corporate Manslaughter Charges in the Punjab and Haryana High Court at Chandigarh

The aerospace manufacturing conglomerate, Skyward Technologies, finds itself at the epicenter of a legal maelstrom following a series of fatal crashes involving its new narrow-body jetliner. With preliminary investigations by the National Transportation Safety Board pointing to a fundamentally flawed flight control system and alleging that the company withheld crucial safety information from regulators and airline clients to expedite delivery and cut costs, the scenario has escalated beyond civil liability. Internal emails revealing that engineers' concerns were overruled by management have fueled public outrage and legal scrutiny. Hundreds of passengers and crew perished in the crashes, and families of victims are vociferously demanding criminal manslaughter charges against the corporation and its decision-makers. In this high-stakes environment, prosecutors are weighing the unprecedented step of pursuing corporate homicide charges, but face immense political and economic pressure given Skyward Technologies' status as a major defense contractor and employer. For the defence, the battleground is likely to be the Punjab and Haryana High Court at Chandigarh, a jurisdiction with its own unique procedural nuances and legal heritage. This article delves into the intricate defence strategy required in such a complex case, focusing on the offences involved, the prosecution's narrative, potential defence angles, evidentiary concerns, and court strategy, while highlighting the role of esteemed legal practitioners in Chandigarh such as SimranLaw Chandigarh, Sharma & Mehta Legal Partners, Advocate Mitali Chauhan, Advocate Sunita Gopal, and Orbit Legal Services.

Legal Framework for Corporate Manslaughter in India

In India, the concept of corporate manslaughter or corporate homicide is not explicitly codified under a specific statute. Instead, liability for deaths caused by corporate actions is derived from various provisions of the Indian Penal Code, 1860 (IPC), and other specialized laws. The primary sections invoked in such cases are Section 304A (causing death by negligence), Section 304 (culpable homicide not amounting to murder), and Sections 336 to 338 (acts endangering life or personal safety of others). Additionally, the principle of vicarious liability and the identification doctrine play crucial roles in attributing criminal liability to corporations. The Punjab and Haryana High Court at Chandigarh, being a common law court, interprets these provisions in light of judicial precedents and legal principles, often grappling with the challenge of applying personal criminal law to impersonal corporate entities.

The prosecution in the Skyward Technologies case would likely seek to invoke Sections 304 and 304A of the IPC. Section 304A pertains to causing death by a negligent act not amounting to culpable homicide, which is a lesser offence compared to Section 304. However, given the alleged deliberate withholding of safety information and overruling of engineers' concerns, the prosecution might argue for culpable homicide under Section 304, which requires knowledge or intention that the act is likely to cause death. Proving such knowledge or intention against a corporation is complex, and the defence must be prepared to counter these allegations. Moreover, the prosecution may also consider charges under the Aircraft Act, 1934, and the Aircraft Rules, 1937, which contain provisions for safety violations and penalties, including criminal liability.

In the context of the Punjab and Haryana High Court, it is essential to understand the court's approach to corporate criminal liability. The court has jurisdiction over the states of Punjab, Haryana, and the Union Territory of Chandigarh, and it hears appeals and original petitions in criminal matters. While specific case law on corporate manslaughter might be scarce, the court generally adheres to the principles established by the Supreme Court of India. The defence strategy must therefore be grounded in a thorough understanding of how the court interprets negligence, culpability, and corporate intent. For instance, the court may look at whether the corporation had a systemic failure or whether individual officers acted with criminal intent that can be imputed to the corporation.

Another critical aspect is the procedural framework. The Code of Criminal Procedure, 1973 (CrPC), governs the trial process. In cases involving corporations, Section 305 of the CrPC provides for the appearance of corporations in criminal courts through representatives. This procedural nuance is vital for the defence, as it affects how the corporation participates in the legal proceedings. The Punjab and Haryana High Court has its own rules and practices regarding the service of summons, bail applications, and trial management, which the defence team must navigate efficiently. Firms like SimranLaw Chandigarh and Sharma & Mehta Legal Partners have extensive experience in handling such procedural complexities in the High Court.

Challenges in Proving Corporate Manslaughter

Proving corporate manslaughter in Indian courts is fraught with challenges, primarily due to the difficulty in establishing mens rea for a corporate entity. The Indian Penal Code was drafted in the 19th century, focusing on individual culpability, and its application to corporations requires judicial innovation. The Punjab and Haryana High Court, like other courts, often looks to the "alter ego" or "identification" doctrine, where the actions and intentions of key personnel are attributed to the company. However, this doctrine is typically applied in cases where the individual is the directing mind and will of the corporation. In a large conglomerate like Skyward Technologies, identifying who exactly constitutes the directing mind can be contentious. The defence can argue that decision-making was diffuse, with no single individual having sufficient knowledge or control to impute criminal intent to the entire organization.

Furthermore, the prosecution must prove causation beyond reasonable doubt. In aircraft crashes, causation is often multifactorial, involving pilot error, maintenance issues, air traffic control errors, and environmental factors. The defence can highlight these complexities to argue that the alleged flaw in the flight control system was not the sole or proximate cause of the accidents. This is where expert testimony becomes critical, and the defence must engage top-tier aviation experts to provide alternative explanations.

Another challenge is the standard of negligence required for Section 304A versus Section 304. Section 304A deals with rash or negligent acts, while Section 304 requires knowledge or intention. The prosecution might attempt to bridge this gap by arguing that the company's actions were so reckless that they amounted to culpable homicide. However, Indian courts have historically been cautious in applying Section 304 to cases of industrial accidents, often preferring Section 304A. The defence can cite this judicial tendency to argue for lesser charges.

Prosecution Narrative in the Skyward Technologies Case

The prosecution's narrative in the Skyward Technologies case will likely be built on a foundation of alleged corporate greed and recklessness. They will argue that the company, in its pursuit of profit and market dominance, deliberately ignored safety protocols and concealed critical flaws in the flight control system. The internal emails showing engineers' concerns being overruled by management will be presented as smoking gun evidence of conscious disregard for human life. The prosecution will contend that this disregard amounts to culpable homicide under Section 304 of the IPC, as the decision-makers had knowledge that their actions could lead to fatalities but proceeded regardless.

Moreover, the prosecution will emphasize the scale of the tragedy—hundreds of deaths—to underscore the severity of the offence. They may also highlight the breach of trust: Skyward Technologies, as a reputable aerospace manufacturer and defense contractor, had a duty to ensure the safety of its products, especially in an industry where lives are directly at stake. By withholding safety information from regulators like the Directorate General of Civil Aviation (DGCA) in India and from airline clients, the company allegedly committed fraud and endangered public safety. The prosecution might frame this as not merely negligence but as a calculated risk taken for financial gain, thus elevating the moral and legal culpability.

In the Punjab and Haryana High Court, the prosecution will likely rely on documentary evidence, including internal communications, certification documents, and expert reports from the investigation agencies. They may also call upon former employees, whistleblowers, and regulatory officials to testify against the company. The prosecution's strategy will be to paint a picture of a corporate culture that prioritized deadlines and costs over human safety, and to argue that such a culture emanated from the top management. Therefore, they will seek to hold both the corporation and individual executives criminally liable.

The defence must anticipate this narrative and prepare to dismantle it piece by piece. This involves challenging the evidence, questioning the interpretation of internal emails, and presenting alternative explanations for the crashes. For example, the defence might argue that the engineers' concerns were part of a normal iterative process in aerospace design and that management decisions were based on expert assessments at the time. Additionally, the defence could point to external factors, such as pilot error or maintenance issues, as contributing causes. The role of experienced lawyers like Advocate Mitali Chauhan and Advocate Sunita Gopal becomes crucial in crafting such counter-narratives and ensuring that the prosecution's case is subjected to rigorous scrutiny.

Potential Charges and Penalties

The prosecution may not limit itself to manslaughter charges. They could also include charges under the Companies Act for fraud, under the Information Technology Act for electronic evidence, and under the Aircraft Act for regulatory violations. Each additional charge adds complexity to the defence. However, it also provides opportunities for the defence to challenge the joinder of charges or to argue for separate trials. The Punjab and Haryana High Court has discretion in such matters, and the defence can file applications under Section 218 of the CrPC for separate trials if the joinder is prejudicial.

In terms of penalties, if convicted under Section 304, the corporation could face fines, and individuals could face imprisonment up to life. However, sentencing corporations to imprisonment is impractical, so fines are the primary penalty. The defence can argue for proportionate fines that do not cripple the company, especially considering its role as a major employer and defense contractor. The court might consider factors such as the company's past record, remedial measures taken, and the economic impact of severe penalties.

Defence Angles: Strategies for Skyward Technologies

The defence strategy for Skyward Technologies must be multi-pronged, addressing both the corporate entity and the individual accused. Given the unprecedented nature of corporate homicide charges in India, the defence has an opportunity to shape legal precedent, particularly in the Punjab and Haryana High Court. The primary defence angles can be categorized into legal, factual, and procedural strategies.

Legal Defences

From a legal standpoint, the defence can challenge the very applicability of manslaughter charges to a corporation. Under Indian law, criminal liability typically requires mens rea, or a guilty mind, which is inherently personal. While courts have extended liability to corporations through the identification doctrine, where the acts of senior officers are attributed to the company, this doctrine has limitations. The defence can argue that the alleged actions of management do not meet the threshold for imputing criminal intent to the entire corporation. For instance, if the decisions were made by mid-level managers without board approval, the corporation might not be held liable. Moreover, the defence can contend that the offences under Sections 304 and 304A require direct causation, which might be difficult to prove in a complex system like aircraft manufacturing where multiple factors contribute to accidents.

Another legal defence is to argue that the appropriate charges should be under regulatory statutes like the Aircraft Act, which prescribe specific penalties for safety violations, rather than under the IPC for culpable homicide. This could result in lesser penalties and avoid the stigma of a homicide conviction. The Punjab and Haryana High Court has shown sensitivity to such distinctions in past cases, though without specific case law on corporate manslaughter, the defence must persuasively analogize from other contexts.

Key Legal Defence Points:

Factual Defences

On the factual front, the defence must scrutinize the investigation's findings. Preliminary reports from the National Transportation Safety Board are not conclusive, and the defence can commission independent expert analyses to challenge the alleged flaw in the flight control system. For example, experts might testify that the system met industry standards at the time of certification or that the crashes resulted from a combination of factors beyond the company's control. The internal emails can be contextualized; they might show robust internal debate rather than suppression of concerns. Management's overruling of engineers could be framed as a legitimate business judgment based on available data, not criminal recklessness.

Additionally, the defence can highlight Skyward Technologies' contributions to the economy and national defense, arguing that criminal prosecution would have severe repercussions on jobs and national security. While this is not a legal defence per se, it can influence the court's discretion in sentencing or even in the decision to prosecute, especially given the political and economic pressure mentioned in the fact situation. However, this must be handled carefully to avoid appearing to undermine the justice system.

In Chandigarh, legal teams such as SimranLaw Chandigarh have handled complex white-collar crimes and are well-versed in corporate defence strategies. Their experience in the Punjab and Haryana High Court ensures that procedural hurdles are minimized. Similarly, Sharma & Mehta Legal Partners have a reputation for meticulous evidence analysis and cross-examination, which is crucial in challenging the prosecution's technical experts.

Procedural Defences

Procedurally, the defence can leverage delays, jurisdictional issues, and evidentiary rules to their advantage. For instance, if the investigation was flawed or if evidence was obtained illegally, it could be suppressed. The defence can also file for quashing of charges under Section 482 of the CrPC, arguing that no prima facie case exists. The Punjab and Haryana High Court is known for its active use of Section 482 to prevent abuse of process. Firms like Orbit Legal Services have expertise in filing such petitions and navigating the High Court's procedures.

Moreover, the defence can seek separate trials for the corporation and individuals to avoid prejudice. They can also argue for bail or anticipatory bail for the accused executives, emphasizing their cooperation and lack of flight risk. In high-profile cases, the court might be inclined to grant bail with stringent conditions, allowing the defence to prepare without the accused being in custody.

Evidentiary Concerns and Challenges

In a case of this magnitude, evidentiary issues are paramount. The prosecution's case hinges on documentary evidence, expert testimony, and digital records. The defence must identify weaknesses in this evidence and exploit them to create reasonable doubt.

Documentary Evidence

The internal emails are likely to be central to the prosecution's case. However, the defence can challenge their authenticity, context, and interpretation. Emails can be taken out of context or represent incomplete discussions. The defence can argue that the emails show a process of risk assessment rather than criminal neglect. Moreover, the chain of custody for these emails must be verified; if they were obtained through unauthorized means, they might be inadmissible. The Punjab and Haryana High Court adheres to strict rules of evidence under the Indian Evidence Act, 1872, and the defence can file motions to exclude improperly obtained evidence.

Expert Testimony

Expert opinions on the flight control system will be contested. The defence can hire its own experts to refute the prosecution's claims. In aircraft accident cases, experts often disagree on causation, and the defence can highlight these disagreements to show that the flaw was not definitive. Additionally, the defence can question the qualifications and impartiality of the prosecution's experts. The court may appoint its own expert under Section 45 of the Evidence Act, and the defence must be proactive in suggesting credible names.

Advocate Mitali Chauhan is known for her rigorous legal research and arguments on mens rea and causation, which can be pivotal in countering expert testimony. Her ability to dissect technical reports and present them in layman's terms can greatly assist the court in understanding defence perspectives.

Digital and Forensic Evidence

Modern cases involve vast amounts of digital data. The defence must ensure that all digital evidence is properly forensically examined. Any tampering or mishandling can be grounds for exclusion. Skyward Technologies likely has extensive digital records, and the defence team, including tech-savvy lawyers from firms like Orbit Legal Services, can oversee digital forensic audits to identify exculpatory evidence.

Witness Credibility

Whistleblowers and former employees may be motivated by grudges or financial incentives. The defence can cross-examine them to reveal biases. Similarly, regulatory officials might be under pressure to assign blame, and their testimony can be challenged on procedural grounds. The defence must prepare detailed cross-examination plans to undermine witness credibility.

In the Punjab and Haryana High Court, evidentiary hearings are conducted rigorously, and the defence must be prepared to argue on admissibility and weight. Lawyers like Advocate Mitali Chauhan have a track record of effective cross-examination and evidentiary challenges, which can be pivotal in such cases.

Admissibility of Electronic Evidence

Under the Indian Evidence Act, electronic evidence is admissible under Section 65B, which requires certification. The internal emails in the Skyward Technologies case must comply with these requirements. The defence can challenge the admissibility if the certification is deficient or if the emails were obtained without proper authorization. Additionally, the defence can request metadata analysis to verify the timing and authenticity of the emails. If the prosecution fails to provide a complete chain of custody, the evidence might be excluded. Lawyers like those at SimranLaw Chandigarh have experience in handling electronic evidence challenges in the Punjab and Haryana High Court and can ensure that the prosecution meets its burden.

Court Strategy in the Punjab and Haryana High Court at Chandigarh

The Punjab and Haryana High Court at Chandigarh is a revered institution with a history of landmark judgments. For a case of this nature, the defence strategy must be tailored to the court's culture and procedures. The High Court has original jurisdiction in certain matters and appellate jurisdiction over lower courts. Given the complexity, the case might originate in a sessions court but quickly move to the High Court through appeals or transfer petitions.

Pre-Trial Strategies

Before trial, the defence can file petitions for quashing of FIR or charges under Section 482 of the CrPC. The High Court has the power to quash proceedings if they are frivolous or without merit. Given the economic and political sensitivities, the defence can argue that the prosecution is motivated by public pressure rather than evidence. However, this must be done cautiously to avoid antagonizing the court.

Another pre-trial strategy is to seek transfer of the case to another jurisdiction if there is perceived bias. However, since the Punjab and Haryana High Court is the principal court for the region, this might be challenging. Instead, the defence can focus on ensuring a fair trial within the court by requesting specific judges or benches known for their expertise in criminal or corporate law.

Trial Strategies

During trial, the defence must leverage the court's procedures to their advantage. This includes filing for discharge if the prosecution fails to make a prima facie case, requesting regular bail for accused individuals, and challenging the framing of charges. The defence can also file applications for summoning additional witnesses or documents that support their case.

Given the technical nature of the evidence, the defence should consider requesting the court to appoint a technical assessor under Order XXVI of the Code of Civil Procedure, though in criminal cases, similar provisions exist under the CrPC. This can help the court understand complex aerospace issues and prevent miscarriage of justice.

Appellate Strategies

If convicted, the defence will appeal to the Supreme Court. However, during the High Court proceedings, they must build a strong record for appeal. This means objecting to improper evidence, preserving legal arguments, and ensuring that all rulings are documented. The Punjab and Haryana High Court has a high rate of appeals, so the defence must anticipate future appellate review.

Moreover, the defence can use writ petitions under Article 226 of the Constitution to challenge any procedural irregularities or violations of fundamental rights. For example, if the investigation violated the rights of the accused, the High Court can grant remedies.

Throughout, the defence team must maintain a cohesive strategy. SimranLaw Chandigarh, with its extensive litigation experience, can coordinate between different legal aspects, while Sharma & Mehta Legal Partners can handle the technical evidence. Advocate Sunita Gopal can manage the bail and procedural motions, and Advocate Mitali Chauhan can focus on legal arguments. Orbit Legal Services can provide overall strategy and client management.

Utilizing Constitutional Remedies

The defence can file writ petitions under Articles 226 and 227 of the Constitution to challenge any arbitrary actions by the investigation agencies or lower courts. For example, if the investigation is biased or if there is undue haste in filing charges, the High Court can intervene. The Punjab and Haryana High Court is known for its activist stance in protecting fundamental rights, and the defence can leverage this to ensure due process. Advocate Mitali Chauhan and Advocate Sunita Gopal have successfully argued such writ petitions in the past, making them valuable assets for the defence team.

Plea Bargaining and Settlement

In some cases, plea bargaining under Chapter XXI-A of the CrPC might be an option. While corporate manslaughter is a serious offence, the prosecution might be open to a settlement that includes compensation for victims and corporate reforms. The defence can explore this avenue, especially if the evidence is strong. However, plea bargaining requires careful negotiation and court approval. The Punjab and Haryana High Court can oversee such settlements to ensure they are in the interest of justice.

The Punjab and Haryana High Court at Chandigarh: Jurisdiction and Significance

The Punjab and Haryana High Court, located in Chandigarh, is one of the oldest high courts in India, with jurisdiction over the states of Punjab and Haryana and the Union Territory of Chandigarh. It has a rich jurisprudence in criminal law, including cases involving corporate liability and negligence. The court is known for its rigorous scrutiny of evidence and its commitment to justice. In cases of national importance, such as the Skyward Technologies case, the High Court often becomes the focal point for legal battles, given its authority and prestige.

The court's procedures are governed by the Punjab and Haryana High Court Rules and the CrPC. Lawyers practicing in this court must be adept at navigating its unique practices, such as the filing system, listing of cases, and oral arguments. The bench often comprises judges with expertise in various areas of law, and knowing the preferences of different benches can inform strategy. For instance, some judges may be more receptive to technical arguments, while others may focus on procedural fairness. Local firms like SimranLaw Chandigarh have this insider knowledge, which can be advantageous in case management.

Moreover, the High Court has a reputation for expeditious disposal of cases, especially in criminal matters. However, complex cases like corporate manslaughter may take years to resolve. The defence must plan for a protracted legal battle, with appeals likely to go to the Supreme Court. During this time, interim reliefs such as stay on investigations or bail are critical. The defence team must be prepared to file multiple applications and appeals to protect the clients' interests at every stage.

The Role of Chandigarh-Based Criminal Defence Lawyers

Chandigarh, as the seat of the Punjab and Haryana High Court, is home to some of the most skilled criminal defence lawyers in the country. In a case like Skyward Technologies, engaging local expertise is not just beneficial but essential. The lawyers familiar with the court's customs, judges, and procedures can navigate the system more effectively than outsiders.

SimranLaw Chandigarh is a full-service law firm with a strong criminal defence practice. They have experience in high-profile corporate crimes and can provide a team-based approach, combining litigators, researchers, and consultants. Their understanding of the Punjab and Haryana High Court's dynamics allows them to anticipate judicial tendencies and tailor arguments accordingly.

Sharma & Mehta Legal Partners are known for their meticulous case preparation and aggressive courtroom advocacy. In a case involving technical evidence, their ability to dissect expert reports and cross-examine witnesses is invaluable. They have successfully defended clients in complex fraud and negligence cases, making them well-suited for the Skyward Technologies defence.

Advocate Mitali Chauhan is a respected criminal lawyer with a focus on legal principles and statutory interpretation. Her arguments on mens rea and causation could be pivotal in challenging the prosecution's theory of corporate homicide. She has a reputation for thorough research and persuasive writing, which is crucial for petitions and appeals.

Advocate Sunita Gopal specializes in bail applications and procedural law. In a case where executives might face arrest, her expertise can secure their liberty during trial. She is also adept at witness preparation and managing client relations under pressure.

Orbit Legal Services offers comprehensive legal solutions, including crisis management and media relations. In a case with significant public attention, managing the narrative outside the courtroom is as important as inside. Orbit Legal can coordinate between legal teams, clients, and stakeholders to ensure a unified defence strategy.

Together, these lawyers represent the best of Chandigarh's legal community. Their collective experience in the Punjab and Haryana High Court will be instrumental in mounting a robust defence for Skyward Technologies.

Comparative Legal Perspectives on Corporate Manslaughter

While Indian law on corporate manslaughter is still evolving, looking at other jurisdictions can provide insights for defence strategies. In the United Kingdom, the Corporate Manslaughter and Corporate Homicide Act 2007 explicitly creates an offence for organizations whose gross negligence causes death. However, in India, no such specific law exists, and prosecutors rely on general provisions. The defence can argue that the lack of specific legislation indicates that Parliament did not intend to impose criminal liability for corporate homicide in the same manner. This argument can be persuasive in the Punjab and Haryana High Court, which often considers legislative intent.

In the United States, corporate criminal liability is well-established, but prosecutions for manslaughter are rare. Instead, regulatory enforcement and civil penalties are more common. The defence can highlight this to argue that criminal prosecution is disproportionate and that civil remedies are more appropriate. However, given the public outrage in the Skyward Technologies case, the prosecution may push for criminal charges as a deterrent.

The defence can also reference international principles, such as those from the International Civil Aviation Organization (ICAO), which emphasize safety management systems rather than criminal liability. By showing that Skyward Technologies complied with international standards, the defence can mitigate allegations of negligence.

The Human Element: Defending Individual Executives

In addition to defending the corporation, the legal team must protect individual executives who may be charged. These individuals face personal liberty risks and reputational damage. The defence strategy for them includes securing bail, challenging charges based on lack of evidence, and arguing that they acted in good faith within their professional roles.

Advocate Sunita Gopal, with her expertise in bail applications, can file for anticipatory bail under Section 438 of the CrPC to prevent arrest. If arrest occurs, she can seek regular bail under Section 439. The Punjab and Haryana High Court considers factors like the nature of the offence, evidence, and the individual's role in the company. By presenting the executives as cooperative and not flight risks, bail can often be obtained.

For charges against individuals, the defence can argue that they relied on expert advice and that their decisions were based on available information. The internal emails might show that engineers raised concerns, but management had other data indicating safety. The defence can present this as a difference of opinion, not criminal recklessness. Moreover, if the executives were not directly involved in the alleged withholding of information, they can seek discharge from the case.

Lawyers like Advocate Mitali Chauhan can craft legal arguments to separate the liability of individuals from the corporation. She can cite principles of corporate law that shield employees acting in their official capacity, unless there is proof of personal wrongdoing.

Public Interest and Media Pressure

High-profile cases often suffer from media trials, which can prejudice the court. The defence must be vigilant in seeking gag orders or restraining orders on prejudicial reporting. The Punjab and Haryana High Court has the power to issue such orders to ensure a fair trial. However, balancing free speech and fair trial rights is delicate, and the defence must present compelling reasons for such restrictions. Orbit Legal Services, with its experience in media relations, can help manage public perception while respecting legal boundaries.

Conclusion

The Skyward Technologies case presents a landmark challenge for criminal law in India, particularly in the context of corporate manslaughter. The defence strategy must be sophisticated, multi-faceted, and adapted to the unique environment of the Punjab and Haryana High Court at Chandigarh. By focusing on legal, factual, and procedural defences, challenging evidence, and leveraging local expertise, the defence can strive for a just outcome. While the prosecution will push for accountability, the defence must ensure that the law is applied correctly and that the rights of the accused are protected. In such high-stakes litigation, the role of experienced lawyers like those featured cannot be overstated. Their knowledge of the court, combined with their legal acumen, will be critical in navigating this unprecedented case. The defence must remain agile, anticipating prosecution moves and leveraging every procedural and substantive tool available within the framework of the Punjab and Haryana High Court to secure a favourable result for Skyward Technologies and its executives.