Maggots ate organs of Indian toddler, US doctor unable to perform autopsy

Agencies
June 27, 2019

Houston, Jun 27: When the body of 3-year-old Indian toddler Sherin Mathews reached the morgue, maggots had eaten her internal organs, the doctor who performed the autopsy on the toddler in 2017 has told jurors in Dallas, Texas.

The Indian-American foster father of Sherin, Wesley Mathews, in an unexpected move, pleaded guilty on Monday to injury to a child by omission, a lesser charge, at the start of what was supposed to be his capital murder trial.

On the second day of the trial on Tuesday, 39-year-old Mathews said in a testimony that he raised his voice at Sherin while he was trying to get her to drink her milk in the garage. That startled her, and she began to choke on the milk.

He initially claimed that as punishment for not drinking her milk he sent Sherin outside at 3 am to stand by a tree outside the backyard of their home in Richardson, Texas. When he checked in on her 15 minutes later, Mathews said Sherin was missing.

Two weeks later, when Sherin’s body was found in a nearby culvert by a cadaver dog, Mathews changed his story, claiming he “physically assisted” his adopted daughter in drinking the milk and that the toddler choked.

Mathews and his wife Sini Mathews, both from Kerala, adopted Sherin (born as Saraswati) from an orphanage in Bihar in 2016.

Dr Elizabeth Ventura, the forensic pathologist who performed Sherin’s autopsy in October 2017, testified on Tuesday about her conclusions in the toddler’s death.

Ventura said she could not determine how Sherin died as the body was too decomposed to get an official cause of death.

She told the jurors -- four women and eight men -- that maggots had eaten Sherin’s internal organs away as her body was discovered in a trash bag in a culvert two weeks after her death. Ventura said that due to the decomposition of the child’s vital organs like the heart and lungs, she was unable to perform an internal autopsy and determine her cause of death.

Complicating the issue of determining how Sherin died was the absence of other evidence, including the clothes that Mathews washed before calling to report his daughter missing.

Sherin’s body was too decomposed to determine any other medical conditions at the time of her death, she said.

She ruled the manner of Sherin’s death “homicidal violence” due to the circumstances surrounding the case, Ventura told the jurors.

The pathologist also did not agree with the claim of Mathews that Sherin choked to death on milk.

“It’s not a cause of death that I have run across,” said Ventura. “We have yet to have a case where a child died from drinking milk,” she told the jury.

Apart from Dr Ventura, authorities testified that there were many red flags surrounding Mathews that made them believe Sherin was murdered.

According to Suzanne Dakil of the Referral and Evaluation of At Risk Children Clinic (REACH), Sherin was deficient in Vitamin D, had scurvy, and showed signs of physical abuse.

Dakil testified the Sherin had five broken bones within eight months. Authorities said Mathews’ casual and uncaring attitude, coupled with other evidence and information, was enough for them to charge him with capital murder.

Mathews still faces life in prison and prosecutors urged the jury on Monday to choose that sentence. The jury could decide on a lighter sentence, US media reports said.

In his testimony, Mathews said fear prevented him from asking for help, even from his wife, Sini, a registered nurse. At first, he hoped Sherin would be revived if he prayed hard enough. For a second, he said, he wanted a venomous snake to jump from the culvert and bite him so he could be with the toddler again.

He said he acted alone because he was terrified that his wife or his other daughter would see Sherin lifeless and that Child Protective Services would get involved.

“I keep going over and over again back to that night and I keep asking myself why was I being driven by fear,” Mathews said. “I was just completely driven by fear, and I can’t imagine that level of stupidity I went to driven by fear,” Mathews was quoted as saying by the Dallas Morning News.

Mathews said he then decided to try to find a place where he could protect her body, preserving her until he could give her a proper burial.

“I refused to believe that my child had completely gone from the world,” Mathews testified on Tuesday. He said he believed if he “prayed hard and strong enough” Sherin might be resurrected, like Lazarus. Police charged Sherin’s foster monther Sini with child abandonment in November 2017, after her husband told officials the couple left Sherin alone the night of her death while they went to dinner with their biological daughter. Sini’s case was dismissed in March this year after prosecutors said they could not prove it beyond a reasonable doubt.

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Agencies
February 12,2020

London, Feb 12: Fugitive liquor baron Vijay Mallya returned to the courtroom here on Wednesday, the second day of hearing at the UK High Court, where the former billionaire has appealed against the extradition decision of Westminster Magistrates Court in December 2018.

On being asked about his expectations from the lengthy appeals process against the extradition order as today is the last day for Mallya to present his defence, the embattled former Kingfisher Airlines boss replied, "I have no clue. You see. I'll also see it. Let's not get into a speculative game."

When asked on what would happen if Mallya loses the case and has to return to India, the liquor baron responded: "We do have arguments."

The UK High Court, on Tuesday, had also heard Mallya's appeal against the Westminster Magistrates' Court order extraditing him to India to face alleged fraud and money laundering charges amounting to Rs 9,000 crore.

Mallya was present in the court along with his counsel Clare Montgomery during the hearing. Officials from Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) along with counsel Mark Summers representing the Indian government were also present.

When the judge asked if there was a timeline in the case, Clare said," This is a very dense case," involving multiple individuals and organisations and that not everything had been taken into account by the magistrate Emma Arbuthnot in her ruling against Mallya.

Montgomery contended that the magistrate's ruling had been riddled with "multiple errors". She also brought into question the admissibility of documents submitted by the Indian government - including witness statements and emails that proved crucial in the ruling by judge Arbuthnot, who found "clear evidence of misapplication of loan funds" and that there was a prima facie case of fraud against Mallya.

As she had done throughout the trial, Montgomery continued to assert that Mallya had not acted in a fraudulent manner or run a pyramid and that the collapse of Kingfisher Airlines was, in fact, the failure of a business in difficult economic circumstances.

She also reiterated concerns about the conduct of the Central Bureau of Investigation (CBI) in bringing charges against Mallya, claiming that the tycoon had been made a scapegoat.

Montgomery also stated that the Indian government had presented the loan taken out by Kingfisher Airlines, not as a simple business loan but was part of a larger and elaborate attempt at defrauding the banks by Mallya and Kingfisher Airlines management.

This, Montgomery contended, was but one example of a wider misinterpretation of the case by judge Arbuthnot.

The High Court justices reprimanded Montgomery for concentrating on the evidence - in essence rehashing the case presented at the lower court - rather than the apparent "mistakes" made by judge Arbuthnot in her ruling.

Mallya remains on bail of £650,000 as he has done throughout this legal process.

The Crown Prosecution Service which is representing the Government of India will present its case for the extradition of Mallya on Wednesday.

The 63-year-old businessman fled India in March 2016 and has been living in the UK since then.

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News Network
July 3,2020

Jul 3: China under President Xi Jinping has stepped up its "aggressive" foreign policy toward India and "resisted" efforts to clarify the Line of Actual Control that prevented a lasting peace from being realised, according to a report released by a US Congress appointed commission.

The armies of India and China have been locked in a bitter standoff at multiple locations in eastern Ladakh for the last seven weeks, and the tension escalated after 20 Indian soldiers were killed in a violent clash in the Galwan Valley on June 15.

“Under General Secretary of the Chinese Communist Party (CCP) Xi Jinping, Beijing has stepped up its aggressive foreign policy toward New Delhi. Since 2013, China has engaged in five major altercations with India along the Line of Actual Control (LAC),” said a brief issued by US-China Economic and Security Review Commission.

"Beijing and New Delhi have signed a series of agreements and committed to confidence-building measures to stabilise their border, but China has resisted efforts to clarify the LAC, preventing a lasting peace from being realised,” said the report and was prepared at the request of the Commission to support its deliberations.

Authored by Will Green, a Policy Analyst on the Security and Foreign Affairs Team at the Commission, the report says that the Chinese government is particularly fearful of India’s growing relationship with the United States and its allies and partners.

“The latest border clash is part of a broader pattern in which Beijing seeks to warn New Delhi against aligning with Washington,” it said.

After Xi assumed power in 2012, there was a significant increase in clashes, despite the fact that he met Prime Minister Narendra Modi several times and Beijing and New Delhi have agreed to a series of confidence-building mechanisms designed to mitigate tensions.

Prior to 2013, the last major border clash was in 1987. The 1950s and 1960s were a particularly tense period, culminating in 1962 with a war that left thousands of soldiers dead on both sides, according to the records of China's People's Liberation Army, the report said.

“The 2020 skirmish is in line with Beijing’s increasingly assertive foreign policy. The clash came as Beijing was aggressively pressing its other expansive sovereignty claims in the Indo-Pacific region, such as over Taiwan and in the South and East China seas,” it said.

China is engaged in hotly contested territorial disputes in both the South China Sea and the East China Sea. Beijing has built up and militarised many of the islands and reefs it controls in the region. Both areas are stated to be rich in minerals, oil and other natural resources and are vital to global trade.

China claims almost all of the South China Sea. Vietnam, the Philippines, Malaysia, Brunei and Taiwan have counter claims over the area.

Several weeks before the clash in the Galwan Valley, Chinese Defence Minister Wei Fenghe called on Beijing to “use fighting to promote stability” as the country’s external security environment worsened, a potential indication of China’s intent to proactively initiate military tensions with its neighbours to project an image of strength, the report said.

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Agencies
January 25,2020

Washington, Jan 25: US President Donald Trump's legal team was preparing his defence on Saturday after the Democratic prosecutors ended their marathon 24-hour argument to oust him from office during the Senate trial.

In the arguments spread over three days ending on Friday, the Democrat prosecutors from the House of Representatives that had impeached Trump last month, mostly rehashed the testimonies from the hearings before their committees during the investigation and statements in their chamber.

Like the Democrats' arguments, the Trump defence's counter-arguments, also with 24 hours allotted for it, will be mind-numbing monologues for the most part and the real drama will be on a tussle between the two parties on calling witnesses.

The Democrats failed in their repeated attempts on the first day of the trial on January 28 to include calling testimonies from witnesses in the rules of procedure, but they will get another chance to press their case when the defence rests.

There is a tense wait speckled with speculations to see if the Democrats can get four Republicans to defect and vote to call witnesses after failing to sway a mass defection to get the two-thirds majority to convict Trump.

Trump is charged with abuse of power and obstruction of Congress in the trial presided over by Supreme Court Chief Justice John Roberts with the Senators acting as jurors.

As the time allotted for the prosecution wound down on Friday, the leading prosecutor, Adam Schiff, demanded that the Republican-controlled Senate convict and remove Trump from office, because he was an "imminent threat" to the US and the nation could not wait for the election to throw him out.

Schiff, who heads the House Intelligence Committee that investigated Trump, gave them a personal warning: "No matter how close you are to this president, do you think for a moment that if he felt it was in his interest, he wouldn't ask you to be investigated?

Jerry Nadler, the head of the Judicial Committee that framed the charges in the impeachment, called Trump a "dictator".

Instead of a full sitting of eight hours, the defence will present its case for only two to three hours on Saturday in what Trump's lawyer Jay Sekulow called a "trailer (for) coming attractions" in the defence counterarguments.

They will get to use their remaining time next week.

The shorter session starting with fuller presentations next week is partly a concession to media savvy Trump who tweeted that daytime Saturday when his defence was slated is a "death valley" on TV as few viewers would watch a political event at that time.

With Trump certain to be acquitted because the Democrats do not have the two-thirds vote, the impeachment process and the Senate trial are only meant to be an extended media show in their campaign for the November election.

The Democrats want to spiff up the TV spectacle by calling former National Security Adviser John Bolton and Trump's acting Chief of Staff Mick Mulvaney as witnesses.

Trump could exercise his executive privilege to stop them from testifying, in which case they could go to court to compel their appearance at the Senate trial extending its duration by months if not weeks.

The House charged him with obstruction of Congress because he refused to allow some of this staff to testify and release documents requested by the House investigators.

The Republicans, who want a quick end to the trial, can also counter the Democrats' request for witnesses by calling former Vice President Joe Biden and his son, Hunter, to testify in order to embarrass them and their party.

The Bidens are at the root of the abuse of power charges against Trump.

Trump had asked newly-elected Ukrainian President Volodymyr Zelentsky in a July phone call to investigate the Bidens' dealings in his country as a "favour".

Democrats say that this was inviting foreign intervention in US elections because Joe Biden is the leading Democratic party candidate for the nomination to oppose him.

Moreover, they say that he froze about $400 million in Congressionally-approved military aid for pressure Zelentsky to order the probe and this endangered US national security as Ukraine is at war with Russia.

chiff and the other prosecutors said delaying the aid was an attempt at a quid pro quo.

Zelentsky has said that he did not feel pressured by Trump.

Hunter Biden, who was removed from the Navy allegedly due to drug use and had no energy business experience landed a directorship in a Ukrainian gas company with monthly payments reportedly between $50,000 and $83,000 while his father was overseeing Washington's dealings with Kiev.

The former Vice President has publicly admitted that he got the Ukrainian leaders to fire the prosecutor investigating his son's company.

The Republicans have said that the son's appointment was unethical and the father had the prosecutor removed to protect his son's company.

In their arguments, the Democratic prosecutors said there was nothing wrong in Hunter Biden getting the job and his father had the prosecutor dismissed because he was corrupt.

The defence team is expected to assert that Trump withheld the aid because he wanted to be sure that the new government was not corrupt and the aid was released without a probe.

Anticipating the argument, Schiff said that Trump had allowed the aid to go forward only because it became known and his intent still made him guilty.

In another development impinging on the Trump case, a secret recording said to be of the president ordering the firing of Marie Yovanovitch as US ambassador to Ukraine in 2018 has surfaced.

She was one of the witnesses at the House investigations of the charges against Trump.

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