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No strong proof that Nooriya was drunk: Lawyer tells HC

MUMBAI: US national NooriyaHaveliwala's lawyers have challenged the police version that she was drunk when she mowed than two persons in 2010. Advocate AbadPonda said that the medical report of the alcohol content in Nooriya's blood was suspect as proper procedures were not followed. Firstly, as opposed to 5 ml of blood to be collected, the doctors had taken only about 1.5 ml. No preservatives were added as required, and the doctor had given the blood sample to the investigation officer, instead of sending it directly to the forensic laboratory as per rules. Ponda also pointed out that the police officer had send Nooriya's blood sample after a delay of three years. The advocate argued that the prosecution ahd not produced any witnesses to prove that Nooriya had been on a drinking binge. Nooriya's breath analyser test had said she had 450 milligrams of alocohol per 100 ml, which was so high that a person could not stand straight let alone drive, Ponda argued. He claimed that the breath analyser test was suspect.

The court is hearing Nooriya's plea to be released on bail. the high court has already admitted Nooriya's appeal against her conviction as well as the state's plea to enhance her sentence. The court on Wednesday also questioned whether there was proof that Nooriya had deliberately and with force obstructed the police from doing their duty. The trial court had acquitted her on that count, but the state has sought to file an appeal to reinstate that charge.

Nooriya, who was allegedly driving under the influence of alcohol, lost control of her SUV at Marine Lines on the intervening night of January 29-30, 2010. Her car rammed into a passing taxi that hurtled into police sub-inspector Dinanath Shinde and a biker Afzal Ibrahim killing them. Four constables were also injured in the incident. A trial court held her guilty of culpable homicide and sentenced her to five years in prison and asked her to pay a fine of Rs 5.23 lakh.