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Defence Will File No Case To Answer: Lawyer

The lawyer for Parveen Kumar Bala told the Lautoka Magistrates Court yesterday he would  file a submission for a no case to answer. Shalend Krishna told Resident Magistrate Rangajeena Wimalasena
07 Jul 2016 13:41
Defence Will File No Case To Answer: Lawyer
Parveen Kumar Bala (right) with his lawyers outside Lautoka Magistrates Court yesterday. Photo: Kathrin Krishna

The lawyer for Parveen Kumar Bala told the Lautoka Magistrates Court yesterday he would  file a submission for a no case to answer.

Shalend Krishna told Resident Magistrate Rangajeena Wimalasena of his intention after a doctor gave evidence by Skype from Australia.

Bala is charged with causing the death of Puna Chand by dangerous driving at Teidamu near Lautoka in November, 2013. He is now known as  Kumar, the Minister for Local Government, Urban Development,Housing and Environment. He has pleaded not guilty.

The doctor who did the post mortem, Doctor Ponnu Swamy Goundar, said yesterday by Skype from Australia he had no idea whether Mr Chand was a victim in a car accident because there were no injuries to the rest of the body other than the head.

Dr Goundar said he was not advised that Mr Chand was a victim of a car accident.

He mentioned that his determination on the cause of the death could have been something else due to the victim not sustaining any other injuries.

Dr Goundar outlined the report he had compiled in 2013.

He mentioned that he conducted a post mortem November 8, 2013, at Lautoka Mortuary.

He also mentioned that the injury was sustained on the victim’s head which measured 2.8 centimetres as part of his external examination.

Internal examinations recorded multiple fractures on the skull’s right posterior end.

He said the injuries sustained on the head could be termed as mild haemorrhage as the second and third layer of brain covering was injured and the lungs had accumulated blood in the blood vessels.

Dr Goundar said that the victim had not sustained any other injuries apart from the head injury which could be a result of falling, resulting in landing on the head surface.

Mr Krishna objected to the  report from the Pathologist stating that the doctor was advised of the cause of accident beforehand which provided a basis on which the post mortem report was compiled.

But Dr Goundar said that he had he not been advised on the cause of the accident.

He mentioned that his determination on the cause of the death could have been something else due to the victim not sustaining any other injuries.

The prosecution closed its case because it had no further questions. The defence said because of the doctor’s evidence it wanted to file a no case to answer.

The court has given time for the defence to file the submission  before July 15.

The case will be called on July 22 for a ruling.

Edited by Nemani Delaibatiki

Feedback:  kathrin.krishna@fijisun.com.fj

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