A Guest Blog Post by Pensive Lawyer. Click on Image below to visit the author’s blog.
Usually, a day in Court can be quite boring for the non-lawyers…unless of course the Judge in question decides to take the bull by its horns and literally wrestle it (read – the system) to the ground.
For the past few days the Division Bench headed by His Lordship the Hon’ble the Chief Justice (I don’t know why they say it like that!!! ….its something we learn never to question else, objection niklega!) has been hearing the Alistair Perreira matter. For the uninitiated minority, read the earlier articles on Mel’s blog being here and here.
Now this comprises two parts…. one being the Appeal filed by the State (the Prosecution) against the 6 odd months sentence given to the accused for running over the labourers who were allegedly sleeping on the road…..and the second component is the suo moto (which means, on its own accord) action taken by the Hon’ble High Court in this regard. Yes, the High Court is empowered to take such action and call for the papers and proceedings to ensure no miscarriage of justice had taken place in the Trial, which this Court did.
So, the Defense led by its Counsel propounded submission after submission backed by enough citations whereby it became clear that the procedure laid down in law to collect and submit evidence was breached to a significant extent. The term ‘tampering’ would not be out of mind and therefore, the question of a person being sentenced to jail on ‘tainted’ evidence would be incorrect.
The Bench decided to question the RTO Officer who examined the car…and….lo behold….it opened up Pandora’s box!
The officer in question claimed to be a mechanical engineer (and he probably was!) but he was clearly not up to the mark to answer the Judges clear and simple questions. When asked for the reason of the tyre and the attached component allegedly coming off, he stated that it occurred due to an impact…which the Judges (though not being Mechanical Engineers but using – as the Hon’ble Chief Justice put it – simple common sense) were quick to point out was clearly incorrect as the pictures did not show any damage! The point being, if an impact was indeed the cause, the car would have to be at a substantial speed and then, on impact, the said part would be broken….which would cause further damage to the component and even to surrounding areas, all of which were conveniently missing.
Hell, the officer was unable to point out the speeds at which these cars are tested….the pressure it would require to remove certain bolts and more! At times, it appeared that the Chief was the knowledgeable ‘technical expert’ and the Officer was a mere spectator…..he was actually left floundering for words!
Now this scenario open’s up a Pandora’s box of sorts because till date, criminal investigations were rarely questioned in this manner. This bench has wisely investigated this question and should definitely go into it further.
Most of us have seen CSI or Law and Order and the importance of forensics in crime solving. The power of forensics is unparalleled. Unfortunately, the state of forensics in India is floundering due to a number of reasons including prohibitive costs and inadequate manpower. But, if forensics were there today, they would have been able to tell us if the wheel had indeed broken off due to a high-speed impact or was it something else, something illegal and sinister. The evidence would have led us to an answer and we would not have to rely solely on witnesses or on a corrupt system and improper investigations led by persons who are quite unqualified in reality (though on paper it’s a different story altogether).
Question to most of us remains, was Alistair Pereira to blame for the accident?
Its not that simple. You simply cannot discount the fact that there actually were people sleeping on the road. I was actually at the spot a few days before the accident and I categorically remember remarking to a friend whilst pointing to the sleeping persons ‘this is an accident waiting to happen’.
Add to that a letter allegedly written by the Police to the BMC telling them that the road was left in an unsafe condition due to a certain area being cordoned off improperly (for concreting) without adequate signage drawing attention of motorists, more so as it was on a high speed turn.
To which, the Defense Counsel’s theory of contributory negligence does kind of make sense. A number of independent factors seem to have been responsible for the accident. Each being independent in nature and undeniably present.
This matter is now going to be heard further on Monday and it appears that the suo moto Public Interest Litigation will continue further thereafter.
But the fact remains, what we have seen in the media thus far is but a small percentage of the facts. To one who was present in Court for the hearings, the story is far far different. Its definitely worth coming to the High Court for this matter!
Tags: Alistair-Pereira, Alister-Pereira, Controversy, Drunk-Driving, Guest-Bloggers, India, India-News, Mumbai, Murder, News, Pensive-Lawyer
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July 12th, 2007 at 7:04 pm
Crossing the Street is an accident waiting to happen. The probability of it happening is very less, because the motorist and the pedestrian are cautious and in their senses.
If this Alistair dude had not been drinking and driving, he would have observed the sleeping people and taken precautionary action.
The fact that he was drinking and driving completely blurs his capabilities to make decisions (if he ever had any).
People sleeping on the road was not correct. But think about it, I am sure they were not there because they wanted adventure. And definitely death does not have to be a consequence of that “crime”.
Scum bags like Alistair who drink and drive should face the consequences. The law may dance and waltz and he may go scot free. But that does not mean his actions are justified. He may have been a very nice person pre-accident but if you do the crime you pay the time.
People died. Thats the bottom line. And it could have been avoided if the dude was not drinking and driving.
July 12th, 2007 at 9:34 pm
well……
regarding that alistair guys..he’s done teh crime.. nwo he must pay the price…
but teh fact remains, that a car can under say rainy conditions careen off teh road onto such sleeping pavement dwellers.. who’s to be blamed?? frankly… you cannot clap with one hand… the ones who died.. didn’t have any better choice.. but were to be blamed.. alistair… to questions about him.. he’s guity…. the authorities for not making sure that the pavements are free of dwellers!!
as is raghtly said.. this entire issue has opened a pandora’s box!!
July 13th, 2007 at 12:02 am
sam
Your analogy is not correct.
If it is raining, drive slowly. If it is flooded, dont drive.
If conditions are not favorable for driving, do not drive.
Dont blame nature because you cannot keep the car in control.
July 13th, 2007 at 7:24 am
I heard the investigating officers did’nt even properly check the driver for his blood alcohol level (chemical analysis). The chemical anaylsis report does it even exist with the prosecution. It seems like the media wants to show christinas are drunkard again. So much bias against minorities.
July 13th, 2007 at 10:03 am
hunh !!!
July 13th, 2007 at 12:58 pm
Arzan: Nobody doubts that if he indeed was drinking and driving and ran over people due to that alone, he must pay with time!
Thats not the point. The point is slightly different. The point is that there appear to be many reasons why this incident occurred.
We cannot discount the fact that half the public has tried and convicted him simply on the basis of facts available in the media, which, as i have now found out, are only part of the story. Is that fair to him?….is that fair to the system?
If you do convict a man, it must be on the basis of all known facts and all data must be carefully analysed. Emotions are running very high (for good reason) but they must not be permitted to cause any misreading of evidence.
Nobody doubts that the persons on the road were the victims here. Sure they were. But you also cannot discount the fact that at the end of the day, we live in a society with rules. Rules that say that roads are for driving. Put aside the fact that Alistair was allegedly under the influence for just a moment and assume that you were passing by the road and saw these people asleep……wouldnt you say - why would a man with half a brain put himself in harm’s way in this manner? Hell, to my mind they could even have slept on the footpath!!! (which is over a foot high!)
The point is simple - dont convict a man till you know the facts and the circumstances.
And as far as your comments on Sam’s thoughts are concerned - i dont think thats the point sam is trying to make either.
All he is saying is that accidents happen. Even sober people have been known to lose control of cars.
And your comments on Mario’s thoughts - i kinda agree…..though, i thought you were rather restrained!…
July 13th, 2007 at 1:02 pm
It is actually insulting to the rest of us Christians when someone tries to get out a wrongdoing by claiming that they’ve been discriminated against because of our religion.
Let’s not make this a religious issue.
July 13th, 2007 at 2:16 pm
“It is actually insulting to the rest of us Christians when someone tries to get out a wrongdoing by claiming that they’ve been discriminated against because of our religion.”
I don’t think anyone appointed you to be the christian spokeperson. That’s besides the point, All I am saying is that the media does’nt do its job just disseminating information but rather make the conclusion (deciedes who is guilty or not guilty) and make alleged person look guilty. Media is the main tool that molds our stereotypes of other groups of people. I have seen enought TV to see how the media potrays Muslim youth. Also, I am not making this up when I watched a local channel regarding the Allistar Pereira news the TV channel kept flashing the church and cross several times.
July 13th, 2007 at 2:26 pm
That is true
But if you read my first post, you’ll see that the officially appointed church spokesperson says the same thing I’m saying.
I understand where you’re coming from, being a Christian, I too do not like the way Christians are portrayed as alcoholics in movies etc.
Accept my apologies if you think I was being harsh in my earlier comment; definetely am not putting down Christians - All I’m saying is that regardless of what the media may have said or done, we should see this for what this is:
This is an issue which has got nothing to do with religion.
July 13th, 2007 at 3:20 pm
I agree with Melody here!!
And Arzan.. can’t blame nature… we can blame the lackadaisical attitude that is on display by the various parties.. which led to that ghastly incident!! I’m sorry, my point wasn’t clear enough for you!!
Thanks pensive lawyer.. for helping me out there!!
July 13th, 2007 at 7:56 pm
PensiveLawyer
OK, point taken. I guess I was passing judgement based on what I read/saw in the media. And half the time thats not always the truth. However in this case I think there is more truth in what I have read/seen. Anyways will wait for the law to take its course.
However if you take the BMW Nanda case, Alistair should have nothing to worry for at least 9 years. And what happened to Salman Khan who ran over people a couple of years ago. And didnt raj kumar’s son Puru also run over people. Where are they all ?? Not behind bars for sure.
Sam
I get the point. Sorry about the earlier comment.
and about Mario yes I was restrained because this is someone else’s blog. I respect the rules. But since PensiveLawyer asks me…I think it is a stupid jackass comment and Melody answered it well. I think Melody is a “commonsense” spokeswoman of the christian world unlike mario who is an “immature” one.
July 14th, 2007 at 7:06 am
Pensive lawyer you have done an excellent job. Sam I have to agree that Mario is definently using the religion card and acting very immature. Totally agree with Melody on this subject.
July 14th, 2007 at 10:43 am
A correction:
There seems to be an Appeal filed by Alistair against the said sentence too. So therefore, that would come under the first appeal referred to hereinabove (being NOT the one taken up suo moto by the HC).
It would, of course, be treated on similar terms as the appeal filed by the State (the prosecution).
July 15th, 2007 at 4:38 pm
umm… didn’t get u there pensivelawyer!!
July 15th, 2007 at 5:12 pm
Sam: Even Alistair’s side has appealed against the lower court order. This means that both sides (Alistair’s and the State) are appealing the lower court order.
In addition to both these Appeals, High Court has its own suo moto PIL.
Hope this clarifies.
July 16th, 2007 at 1:18 pm
I agree with Mel, this issue has got nothing to do with religion.
On a lighter note, Mario was talking about “Christina”s being drunkards. I have a niece, Christina; she is sober all the time.
Pensivelawyer : I am worried about the media; they tend to pass judgements without knowing the full facts. They now are more interested in sensationalising issues and are trying to influence our judicial system. The Alistair issue is now being politicalised.
There is another thing I worry about. Since the Govt is very inactive, the judiciary is slowly moving into their area, which is not a very good sign in a democracy.
July 16th, 2007 at 2:45 pm
ah yes!! nw i get it!! thanks lawyer!!
October 8th, 2007 at 5:57 pm
totally apart from the direction the thread of this blog was beginning to take.
the boy must pay and pay he should. three years is a good number…three years rigorous COMMUNITY SERVICE.
being his first offense (not getting into how good or bad he was before the offense) putting him in a lockup with hardened criminals, we dont want him coming out worse than what he was when he went in.
give it to him, and give it to him good. dont make him pay with money. he has a lot of it. make him pay with time….the best way possible. and he’ll never forget it. neither will we.
all in favour say aye
AYE!!!
AND MELODY, YOU ROCK!!!!