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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
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
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
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