Doctors failed to collect blood samples of allegedly inebriated player; police did not seize closed-circuit television footage
Less than 24 hours after the Delhi Police began investigations into a case of alleged molestation and assault by Indian Premier League player Luke Pomersbach, sources have told The Hindu that doctors did not gather blood samples that could hold the key to proving whether the Australian cricketer was inebriated.
A Delhi court also heard arguments that the police had failed to seize closed-circuit television camera footage installed at the hotel that could corroborate the Indian-American victim's statement and the contention of the accused that he was invited to the hotel suite where the incident allegedly happened.
Police say the control room had received a distress call at 6.23 a.m., claiming that a woman's boyfriend had been beaten up by an IPL player in their suite at Maurya Sheraton Hotel in central Delhi. They alleged that Pomersbach, who was staying in the hotel, was partying along with his teammates in a ground-floor hall to celebrate his RCB's victory over Delhi Daredevils on Thursday, when the victim and her fiancé also joined in.
Following a long session, the victim told investigators, the couple decided to retire to their suite. Pomersbach, she said, “tagged along.” Thinking that he would leave for his room after a couple of drinks with them, the couple allowed him into their suite, where they drank champagne.
But the victim told Metropolitan Magistrate Navita Kumari Bagha that Pomersbach later held her hand, turned her around and tried to kiss her.
The victim said her fiancé intervened and asked the cricketer to leave, but Pomersbach assaulted him.
Defence counsel Neeraj Chaudhary argued that there was a discrepancy between the victim's account, and the police charge of “house trespass after preparation for hurt, assault or wrongful restraint.” He pointed out that the victim herself told the court that he had “tagged along” with her to their suite.
Mr. Chaudhary asked why the police had not seized the CCTV footage, which he said would make it “crystal clear” whether or not Pomersbach had forcibly entered. He said the injuries to the fiancé were not serious, and that instead, it was the cricketer who was beaten up.
Pomersbach allegedly left the place, only to return and begin banging the door of the victims' suite, forcing them to call the police.
Having recorded the victim's statement, police took custody of Pomersbach from his room. “While the victim and her fiancé were taken to Primus Hospital, the accused was sent to Ram Manohar Lohia Hospital, where doctors noted that he reeked of alcohol.” However, no blood samples were collected to corroborate this, a senior police official said.
Dramatic scenes unfolded in the cramped Mahila court at the Patiala House district court, when the 27-year-old player complained of uneasiness and fainted. The court granted one-day interim bail to Pomersbach. It directed police to produce his medical report, along with that of the victim, and coupled with the relevant footage of the closed-circuit television cameras installed at the hotel.
Victim alleges pressure
Giving a blow-by-blow account of the alleged assault to reporters, the woman said her fiancé needed stitches on his ear and couldn't hear from one side. The doctors were studying if there was any brain damage. She also said others from Pomersbach's team had since been trying to get her to withdraw her complaint. Her voice choking with emotion, she appealed to the Indian government for justice.
(With inputs from Y.B. Sarangi)
Keywords: Luke Pomersbach
I am not sure what to make of the repeated police ineptness. How can the police just say the cricketer reeked of alcohol but not perform a drug test. This seems to be happening more than once in high profile cases, which allows the a known figure to get away from the crime.
STOP this nonsense called IPL, it will ruin Indian public in many ways.
Foreign culture, habits pour in, which Indians cannot/should not accept.
There are 10s of countries smaller than a district in India maintain
their culture and identity.
IPL is nothing but exaggerated marketing strategy by MNCs, they robbed
us for years and now making base to rob in future too.
Luke Pom is yet to play a single match for RCB. Yet he has been
extended every kind of support by them. Its obvious that the business
stakes are very high in this...which adds credibility to the angle
that some business rival is the puppet-master.
The omissions of the police and the doctors, that is the non-
collection of the CCTV and blood sample, are double-edged swords,
since its also possible that they have been "missed" to deliberately
create an air of hostility against Luke and Dr Mallya, that the RCB
owners are trying to get rid of evidence.
Also, why hasn't Sid Mallya's version, that the woman was "all over
him", not been investigated?
Lastly, the woman seems to be quite tough - she gave an exact
description of the events to the reporters where most would be guided
through the reporters by their lawyers. She has been remarkably quick
to serve a legal notice to Sid Mallya about his tweets. This makes her
version about Luke's unwarranted presence in their room very strange
There shouldn't have been so much attention on this. This so called
expose of the "seedy underbelly" may easily backfire if its proved
later that the alleged victims are lying, that the cricketer has been
framed. Given the vast interests that enclose the IPL, I wouldn't be
surprised if this is an attempt at undermining brand Mallya by a
business rival. The business stakes are very high in this tournament,
and this being an entrapment orchestrated by some business rival is
not an impossible supposition. It might even be a case of desire for
media coverage by some losers. Are the alleged victims being
investigated?
Plus, as someone before me also seems to have noted, there is at least
one serious fault in the woman's story. You are an engaged couple. You
have been approached by a man of no mean physique and you have said
"No". After that, is it to be taken at face value that he came to your
room, all of you had champagne and you never once asked him to leave
till he assaulted you?
How is everyone assuming that Luke Pomersbach is guilty as alleged by the lady & her boyfriend? Should we not hear from Luke & get his story on this? I may be an old fashioned fossil BUT what is a lady doing long past midnight inside or outside their suitithoute with or w? Were they invited to the celebration of the RCB players where obviously spirits flowed freely & without any restraint? Ok, whether tagged along OR gate crashing, why didn't they alert the hotel security immediately? Why wait till 6.23AM? Even if he did 'tag' along, why serve drinks to a total stranger inside your suite when all of them must have been already - either fully or partly - inebriated after the victory party? Would any of our ladies invite a total stranger inside the house even during daytime & serve him hard drinks? Sorry, the whole story is full of holes!!!!
IPL must be banned. It is nothing but nuisance to public and a big distraction. It is a bit like the WWF Wrestling matches which are all stage managed and low IQ people lap it up as if it was all real.
There was Shah Rukh Khan incident and now this rape.
Frankly, IPL and T20 are raping the game of cricket, and BCCI is raking in the moolah!!
why is this on the front page?there are hundreds of innocent victims of
abuse and assault all over the country and the drunken dramas at the IPL
get so much attention!
I really wonder,despite the accused reeking of alcohol,how the doctor on duty at RMLohia
hospital did not,or forgot to collect the blood for alcohol levels? Was he under pressure of
some VVIP of Dehli? Any doctor worth his MBBS,degree should not make such medico-
legal blunder.
Justice is a difficult word to pronounce in India.
When you have a combination of 'lack of education' and 'democratic freedom', you are bound to compromise on societal values... Justice is nearly impossible to expect...
The couple forgot that they are in INDIA. The case will close after a long time in favour of the richest and influential one.
Good, attempts are already underway to brush this issue under the carpet. What could have been nailing evidence has not been collected by the police. Charges of molestation are always difficult to prove more so when there is lapse during the course of investigation. Crucial evidence like blood sample and CCTV footage get lost or are tampered with, pressure is built upon the victim to withdraw the case, character assassination goes on, speculation gets rife and inevitably justice is denied. Unfortunately but not unsurprisingly the same seems to be going on here.
With all these kinds of unruly incidents cropping up frequently, the whole business of IPL should be banned..Nothing good for the country or its sports!
Isn't there a unspoken rule to not publish victim's pictures in sexual assualt cases? Is Hindu falling off from the standards it set to itself..
It appears that the police have been bribed properly so that vital evidence is ignored. Cricketers of doubtful character should not be auctioned for the IPL. IPL has spoiled the whole sports scene in India. It is a product of the brain of a man who was once jailed in USA. Our politicians and movie actors took to it like a duck takes to water. It has all the unhealthy ingredients of modern days.
Last but not the least it has spoilt the standard of cricket in the country. Too many close matches indicate the result of bribery of bookies to make more money. On a closer analysis of games one can see how the players play unnaturally to influence the result. All in all IPL is a big drag on our young minds who will go to sport for making easy and quick money.
IPL is not good for the health of the nation, already ailing on so many
fronts.
Let the law of the land takes it's course. Please media stay away from crucifying anyone here (accuser & accused). Already media is hounding Siddhartha Mallya for tweeting his honest comments. It's frustrating to see this news take 90% of airtime in the only Indian news channel that I am able to watch. Isn't anything else going on in the world?
The hype created by media, specially the electronic media is undoubtedly unwarranted and unjustified. The problem with the electronic media is that, they attempt to make their own version of all the story and in its effort, often lands in with one-sided story. In this case it has become all the more important, as the person in news is a foreign national and a guest as such.The media has already declared him guilty without verifying the credentials of claim and without listening to him.
What would be the impression of our media abroad, if it comes out after investigation that the person accused was not guilty?
What is the truth no one will ever know. Only circumstantial evidence. This Party Culture make rowdy elements bold to do anything with girls even if she is a girl friend of someone, spinster or even a mother of three -- it makes no difference to these womanisers. They just want to quench their immediate desire without thinking of the consequences. The thinking is the same whether it is a Australian, Indian, Brit, French or American. God should answer such acts.
Very funny to believe that the police did not collect TV footage
It really does not matter a woman is wearing a suggestive clothing or is flirting- these
are not invitations to abuse, rape or molest. What has happened to respect?
Indian news media has gone to town with this story. But so far, none of the journalists seem to have asked the US woman her name. Why?
Is the practice of The Hindu, in particular, and Indian media, in general, to publish the photo and identity of a potential victim in such as case? It doesn't seem appropriate.
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