Saturday, September 8, 2012

Remembering My First Court Case, Part Seven

.....With those brief background, I finally proceeded to defend myself. Brimming with confidence, I thought to myself that a simple plain truth would be enough to bring down the soaring wicked plaintiff. At the same time I was also mindful of the potential and possible twists.


My first  response to her first accusation, -breaching the hospital norm. (by having more than one maid for my sick wife)

And with due respect I spoke my heart out. I submitted, that she was right. My wife indeed had more than one maid when she was undergoing her final labour pain. But what she did not understand was that we did it upon securing permission from the senior nurse on duty that night. -that too only during my wife's final labour pain. I also explained about how the ward lady turned down our repeated pleas for little compassion form her. I told the jury about how my mother-in-law broke down and how my father-in law, went on to compare her to a Jana Gyelpo in the process of  requesting her. Lastly, I submitted that, "if we did not have enough maid ourselves, nurses in the hospital weren't ready to come and lift my wife to the labour room". That was because there were only handful  nurses (3 nurses) tending to more than 50 patients that night. 

My Second response to her second accusation, -creating havoc in the hospital for the entire day and hence distracting the other patients

Here, I denied her accusations out rightly. And I regarded her as a case of utter shameful person, lying even in the court of law. I told the jury that, although we came to hospital early morning, my sick wife was only able to get a bed in the ward at around noon through one of my sister (who was a trainee at RIHS). I explained to the jury as to how me, my sister and my mother-in-law took turn in the hospital, and there by proving that I wasn't there the "entire day" and that it was solely her illusion that saw my image. Finally to close this accusation I told the jury that "except few dogs that created havoc in the stinking toilet nearby, there weren't any sick person or nervous maids capable of creating havoc or distracting anybody". Judge smiled at this point and I smiled too..

My Third response to her third and fourth accusation, -using undue force, harassing  and battering her while she was on duty. (which indeed was the main contention)

"Your honor, this is the only valid contention" I said, boldly. "And this matter has reached to its current height all because of her malicious intention against my family" I added further. I submitted to the jury that, if I had used undue force to harass her and batter her, then why didn't the police take any action against me that very night. I explained to jury as to how swift she was in intimating police. I also explained as to how she disobeyed her administrative officer and senior nurse on duty (to solve the matter amicably). And I felt my throat choking when I explained to jury about how I ended up attending to the police, when the real need for me was to attend to my sick wife. I also explained about my subsequent struggles visiting police station on different occasions, leaving behind my vulnerable wife and infant daughter.....

With that, I submitted to court that, I neither had the intention nor the energy to kick her, for I was thoroughly exhausted, both mentally and physically that day. I told the jury as to how she was cursing my family in front of so many strangers and how she was blocking my way while I was in to collect some cloths for my wife and my new  born (expected). I closed my submission by asking the jury... "its up to the law to decide whether my slight push on her to clear the way could constitute battery and harassment"

Lastly........I added,... "your honor, I think its me who was (is)  really being harassed to the core....... not by the genuine hospital staff, but by a ward lady!" In fact she harassed me everywhere. -not only in the hospital but even at my own work place! with that I readied myself to present the evidence to to jury in which I had details of phone calls she made to me at my workplace and her recorded voice threatening me with imprisonment. Worst, when she said, she had in her recent past, imprisoned her poor husband was something I stressed further!

But the Jude told me to keep the evidence for a while. I was of the opinion that Judge was more interested in hearing my full story than get distracted by a piece of evidence. So I had to continue with my final response 

But before that, I made myself very clear on one point That was: I reminded the court that, she would be my ultimate first suspect, should something happen to my kids and to my entire family. Because she dared to collect my information both form me and as well from other sources. I told the jury that I felt very unsecured after her threatening call.

To this, judge paused me for a while and turned to the ward lady and asked her, Che ge khu luu telefom chap che lo. eena? and she meekly said, een la. So,with that I felt my victory an inch closer.

My Final response to her accusation, -threatening her by way of using my influential relatives.

I told the jury that, I have indeed asked one of my relatives to apologize her on my behalf but that did not in any way meant I was guilty at all!. In fact I expressed my deepest regret for having apologized her when she didn't deserve one.  I told the jury, how saddened I was that my good intentions were grossly misunderstood by a poor soul. I even admitted to the jury about my willingness to richly compensate her, provided she stopped her useless enterprise for good. With that I told that it was up to the jury to find out as to what my relative had spoken to her. I also told the jury that, I honestly did not know as to whether my relative was an influential person in the very first place. and secondly, I was cent percent aware that law treats every citizen with equal term.

Lastly, I went on to close my defense by telling the jury that, if at all  I had so called an influential person behind me, then I would not have landed taking my better half to a stinking and crowded ward handed by a malicious person like the Plaintiff, in the very first place.

After that, there was a complete silence for few seconds. But however judge on the throne broke our  silence. He again turned towards the lady and asked "Choe lay lap ne yoe ga?"

But, She said Yoe la. I was surprised but not confused or nervous like before.

Like a person with lost mind, her attention after that was to a totally different area. She started complaining about the Police!. Before she was abrputly stopped by a Judge, she murmured about how biased police officers had been towards her. She also complained about my uncle, who visited me in the police station by stating that he influenced the decision of police. By then I definitely sensed desperateness seeping in her.

Judge reminded her to stick on what she had in her initial complain letter and stop meddling with other issues. With that judge once again turned towards the lady and asked her for the last time, "Zhen Lap ne yoe ga?"  Finally to my relief she said Mee la.

With that, Judge spoke.

To be continued.............................................

1 comment:

  1. Just a matter of pronouncement of Judgment, it is clear...


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