Provoked: A True Story Page #5

However, in his submation to the jury..

His lordship remarked that due to the two hour

cooling out period between assaulted my client

till the hands of deceased

And the subsequent crime for which she was charged

No plea or provokation could be considered

And yet My Lords

The homocial act of 1957 reads..

Where there is evidence on which the jury confined

the defendant was provoked

to lose his self control

The question of whether it was enough to make

a reasonable person

do as they did shall be left to the jury!

lt could be argument My Lord..but the

judge didn't consider setting fire to a man who slept

the actions of a reasonable person

Reasonable My Lord to whom...

To you?...To me

orto a woman who suffered voilance and abuse

and humilation of the highest order of 10 years

Who feard not only for her life, but forthe

lives of her own children

l myself couldn't, wouldn't persume to know

What reasonable would be for

such a woman!

My second submission My Lords

concerned the way the learnant judge dealt with the

question

of the list of the characteristics

l submit My Lords

That this woman was suffering from

betted womn's syndrome

And that ill treatment so affected her personality that

lead herto a state of learnt helplessness

A phrase used by those who have recognized this condition

You believe that the judge should have added

this condition to the list

Orthe least My Lords left the list opened so that jury

might that consider it

forthemselves

Finally, my third submission deals with the grounds

of diminished responsibility My Lords

We submit the sole statement of police constable,

James O'Connor

stating that the defendant was neither lucid, nor aware

of her surroudings

When he interviewed her immediately afterthe incident

Also My Lords we have psychiatric reports..

Most of them came recently, which express the opinion

that at the time of the killing

the defendant's mental responsitbility for her

actions was indeed diminished

within the meaning of homocial act of 1957

My Lords my client has suffered two major injustices

First the man who promised to love and honour

her in marriage

And second by our system of justice

lt is tragically too late to correct the first

But by granting our appeal you will help us on

the first step

towards the rectifying the second

We will considerthe issues overnight

Court is adjourned until 10:30 a.m. tomorrow

One more please

So what are we drinking too, Mr. solicitor?

To victory tomorrow orto one of my lost causes

Because it is personal

What?

My sister!

How could l have been so blind?

You know..Everytime l would see her bruises

She would tell me the story to walking into

furniture while sleep

And l actually believed it

How would you protect that stupid bastard?

Do you know...He is to beat her black and blue

for six long years

and no one had intervened it

Then one day she just killed herself

And l could do nothing

l couldn't save her

l am so sorry

l didn't know

This is to sister

Kiran Jeet..

This is a tragic case that has aroused much public attention

Three grounds of appeal hae been raised

The first two relates to the learner judges

direction to the jury

on provokation

ln my judgement the summing up of learnet judge

was correct in law...

Turning to the third ground of appeal

the diminished responsibility...We can

sit the appellant is on the stonger ground

We had before us a report, which

was available before trial

in which a doctor was expressing the opinion that the

appellant was suffering

from endogenous depression

at the material time

lt is unclear how such potentially important

material came

to be overlooked

ln these circumstances we considerthe verdict to be unsafe

And as such we considerthe proper course here is to order

a retrial.....

There was never a retrial of course

The court could neverfind a woman who would

burnt her husband death to be innocent

So on September 25, 1992

They reduced her setentece to mansalughter and

accepted that 3 years 4 months that

she spent in jail as a full term

Kiran..Afew words from you

Thank you for all this

ln life there is no honour in silence suffering

There is no affection, no comfort to be found

in love that is abused

lt is our responsibility as mothers

To raise our son to treat women with love and respect

Not voilance and anger

Only then the suffering will end

My story is a part of the picture

l am not important, but this issue is

Please don't forget that there are many

women

who need help from you!

Please..........

Mostly we can,t imagine what is life to spend

years of looked way in a place like this

lt was herfirst step towards freedom

lt was herfirst step towards freedom

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