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Monday, July 13, 1998

A global link to court hearings

EXPRESS NEWS SERVICE  
MUMBAI, July 12: An American doctor recording evidence in Mumbai's Esplanade Court without appearing in flesh and blood? This unlikely proposition can be realised if metropolitan magistrate S V Dixit grants permission to New York-based Dr Earnest Greenberg to `appear' in the 28th Court through the video conference service.

Retired civil servant P C Singhi, represented by special public prosecutor D M Arekar, has urged the court to allow Dr Greenberg to record evidence in a criminal case filed against cancer specialist Dr Prafulla Desai of Bombay Hospital. If Singhi's plea is granted, it is likely to start a new chapter of the application of audio-visual media in litigation.

The trial against Dr Desai rests on the complaint filed by Singhi in Azad Maidan police station. As per the complaint, Singhi's wife died due to negligence and wrong medical advice by Dr Desai. Leela Singhi was a breast cancer patient. She was taken to New York's Sloan Kattering Memorial Hospital by her husband in November 1987. Shesuddenly started suffering from vaginal bleeding there. The doctors of the hospital, Dr Brockunies and Dr Greenberg, opined her case was inoperable and should be treated only with medicines. The advice proved fruitful, and bleeding stopped eventually.

But Singhi started bleeding after reaching India towards the end of 1987. So, she was admitted to Bombay Hospital in the care of Dr Desai. It is alleged that Dr Desai decided to remove her uterus despite the American doctor's advice. Assistant surgeon A K Mukherjee took her on the operation table and opened her abdomen. But he found the operation impossible. He consulted Dr Desai. As per the prosecution's case, Dr Desai did not attend to the patient and merely advised Dr Mukherjee to close the abdomen. The patient, who was allegedly not examined by Dr Desai till her discharge, died after severe pain. The prosecution charged Dr Desai of a rash act causing fatal injury. During the course of the trial, Singhi was questioned about the admissibility of DrGreenberg's opinion. Dr Desai insisted the doctor be examined as a witness. Due to the absence of a treaty between India and America, Dr Greenberg's evidence cannot be recorded in an American court and later used here.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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