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Indian women carry their children as they march during a protest to mourn the death of a gang rape victim in New Delhi. Dar Yasin/AP

Lawyers refuse to defend accused in Indian gang-rape case

Solicitors enrolled at the Saket district court in New Delhi will refuse, en masse, to defend the suspected culprits.

LAWYERS AT an Indian court hearing the case of a fatal gang-rape which has shocked the nation said today they would refuse to defend the men accused of taking part in the assault and murder.

Hearings are expected to begin tomorrow at the Saket district court in south New Delhi, where police will formally present a 1,000-page charge sheet against the six-person gang.

“We have decided that no lawyer will stand up to defend the rape accused as it would be immoral to defend the case,” Sanjay Kumar, a lawyer and a member of the Saket District Bar Council, told AFP.

Kumar said the 2,500 advocates registered at the court have decided to “stay away” to ensure “speedy justice”, meaning the government would have to appoint lawyers for the defendants.

Another lawyer at the court confirmed the boycott to AFP.

Five men are expected to face charges including rape, murder and kidnapping in the Saket court, with the prosecutor likely to seek the death sentence.

A sixth suspect is believed to be 17 years old, meaning he would be tried in a juveniles’ court, but police are conducting bone tests to determine his age.

The brutality and horrific nature of the attack on a 23-year-old has led to protests in the capital and elsewhere over the widespread abuse of women and sex crime in India.

The rape victim died at the weekend after 13-day struggle to survive injuries so grievous that part of her intestines had to be removed.

She was repeatedly raped and violated with an iron bar on a bus on December 16 before being thrown from the moving vehicle at the end of a 40-minute ordeal.

In 2008, Indian lawyers also refused to defend a gunman who took part in attacks on Mumbai which killed 166 people, leaving him with a government-appointed lawyer. He was executed in November last year.

Read: Family of India gang-rape victim want killers hanged

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    Mute Shane Walsh
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    Jan 2nd 2013, 11:21 AM

    Death is too good for them, they should be tortured in the same way using an iron bar. I hope they suffer and scream in agony.

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    Mute Michael J Collins
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    Jan 2nd 2013, 12:42 PM

    Shane
    That’s exactly the attitude that brought about punishment beatings by Republicans in Northern Ireland that in sone cases resulted in death. Is that the kind of Sinn Fein Society you’d like here?

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    Mute Tomy Iona
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    Jan 2nd 2013, 1:02 PM

    That’s called vengeance – not justice.

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    Mute Damien Knox
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    Jan 2nd 2013, 2:12 PM

    Then that makes you no better then them Shane.

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    Mute Brian Ward
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    Jan 2nd 2013, 2:31 PM

    Micheal J, there are there are the lowlifes that carried out this vicious attack and then there are people like you who use this poor woman’s horrendous suffering and painful death for political point scoring. Nuff said.

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    Mute Gerri McCaffery
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    Jan 3rd 2013, 12:00 AM

    Then that makes savages of us all. What separates these thugs from everyone else is that civilized people don’t behave like that. This was a horrific attack. No one should ever do that to another human being!

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    Mute Mairtin Cathbhar
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    Jan 2nd 2013, 11:21 AM

    To the Indian diplomats who recently involved themselves in Irish affairs, answer this human rights issue!

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    Mute Michael J Collins
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    Jan 2nd 2013, 12:44 PM

    Mairtin
    Are you suggesting that the Minister for Foreign Affairs calls in the Indian Ambassador. That might be a little foolish don’t you think?

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    Mute Tomy Iona
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    Jan 2nd 2013, 12:56 PM

    They recently involved themselves in a situation which involved an Indian citizen – not the same thing.

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    Mute Gerri McCaffery
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    Jan 3rd 2013, 12:02 AM

    Mairtin, the level of sex crimes here is nothing to be proud of either.

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    Mute Conor Gallagher
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    Jan 2nd 2013, 11:19 AM

    Is the cab-rank rule for lawyers not universal? Ditto the right to representation and presumption of innocence. Whoever organised this boycott should be disbarred.

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    Mute The Green Monkey
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    Jan 2nd 2013, 11:28 AM

    Conor would you be so adamant if it was a member of your family………

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    Mute Conor Gallagher
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    Jan 2nd 2013, 11:36 AM

    That’s the point. Universal rights should not be dependent on emotion. These men – presumed innocent – have a right to representation. If lawyers are failing to do their duty, they should be sanctioned.

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    Mute Mary Kavanagh
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    Jan 2nd 2013, 1:01 PM

    Conor Gallagher. I also thought that defence lawyers were not allowed to refuse a case. But maybe it’s different in India, though India has inherited its justice system from the British as did we. The article does seem to suggest that if no lawyer from the registered pool will take the case then the government will step in to appoint one. So it seems that the defendants will get their day in court. I don’t think these men should get the death penalty. They should get a whole of life sentence and spend the rest of their lives (which I sincerely hope will be miserable) rotting in prison.

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    Mute Philip King
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    Jan 2nd 2013, 1:06 PM

    I’m not too sure about this but if everyone refuses to defend them or appointed lawyers do not defend in a proper manner is there a possibility of a mistrial or no trial at all? And if so what are the results then? No charge. I agree with you on your statement this is the system we abide by.

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    Mute Tomy Iona
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    Jan 2nd 2013, 1:10 PM

    Green Monkey – that old chestnut always comes out. If it was a member of my family then I would obviously want to see these guys hung, drawn and quartered. There are other painful, slow punishments that I would feel justified in applying also.

    But if it were a member of my family I would obviously be subject to the kind of emotions which makes it very difficult to see the situation with full clarity. I would have complete tunnel vision towards hoping for vicious and painful punishment.

    While the voice of the victim and those effected obviously deserves to be heard – they are simply not objective voices.

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    Mute Niall Noonan
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    Jan 2nd 2013, 11:30 AM

    Innocent until proven guilty and they need to have their day in court.

    To those saying they are animals who should be executed I’d ask you to remember that people in Britain might once have said likewise about the Guildford Four. Justice needs to be served.

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    Mute John Kenny
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    Jan 2nd 2013, 12:23 PM

    Her boyfriend who was attacked also identified them open and shut case hang the bastards

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    Mute Tomy Iona
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    Jan 2nd 2013, 12:59 PM

    If you actually read the story you might see that they WILL have their day in court. They will have court-appointed lawyers.

    This, more than anything is a statement by the local lawyers which says “such behaviour which has become much more common in India, is not acceptable”. That’s all there is to this.

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    Mute Niall Noonan
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    Jan 2nd 2013, 2:06 PM

    John they still have to go to court for this, you cannot just convict people without court cases.

    Tomy my comment is a response to people commenting here, not to the article.

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    Mute Tomy Iona
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    Jan 2nd 2013, 2:17 PM

    Niall – ty for clarifying…

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    Mute dublinlad72
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    Jan 2nd 2013, 11:24 AM

    Good! Lawyers / Solicitors who defend these people are despicable. The usual defence is either they were drunk, on drugs & are not of sound body and mind. I don’t buy that excuse, they were of sound mind and body taking the drugs & drink and know the effects of same, it’s almost akin to agreeing to the T&C’s of them! I’m not a supporter of the death penalty, but at times, you can’t make a defence for any other punishment than death. This crime was despicable.

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    Mute Belly Up
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    Jan 2nd 2013, 11:33 AM

    Sorry you obviously don’t know anything about how the law works. Being drunk or on drugs is rarely, if ever used as a defence because the law won’t allow it. These men should receive a fair trial.

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    Mute Brian Daly
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    Jan 2nd 2013, 11:39 AM

    Justice needs to be equally applied no matter how dispicable the crime is. It fails if you allow situations like this exist where justice is a la carte depending on the crime and, say, other factors such as the financial standing of the perpetrators. You can end up with a miscarriage of justice which is no justice for anybody – particularly the victim and their family.

    There are few people even in the most trivial of situations and even those who admit guilt who do not offer mitigating circumstances. It’s human nature. All a defence lawyer will do is offer these mitigating circumstances or “excuses”. It’s up to the judge and jury to accept or reject these.

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    Mute Justin Chan Hsian Loon
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    Jan 2nd 2013, 11:50 AM

    @Brian Daly. Is that true? Just flipping through the newspaper I see the alcohol excuse brought up in defence and judges saying ”ah hes a fine lad, no prior offences, just the drink, we let him go this time so…” Seems to be a pretty solid defence this side of the world at least

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    Mute Brian Daly
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    Jan 2nd 2013, 12:17 PM

    I have certainly read of it as being offered as a mitigating factor by a defence lawyer and it ends up in the narrative that you read, see and hear in news reports. It’s up to the judge and jury to decide when establishing guilt and sentencing.

    Let’s be candid, in this country we are quite happy to allow, for example, “the drink” to be used as an excuse for multiple personal failings from the trivial upwards. It’s not surprising it’s used as an excuse for more serious crimes. I don’t believe that at the serious end of the scale that drink/drugs is accepted as an ‘excuse’ for a crime.

    Justice does require everything to be taken into account when establishing guilt.

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    Mute Belly Up
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    Jan 2nd 2013, 12:40 PM

    A mitigating factor is not a defence. It is simply taken into consideration when sentencing. It does not influence the decision of whether a person is guilty or not.

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    Mute Brian Daly
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    Jan 2nd 2013, 11:26 AM

    So justice will now not be served? This is a very sad reflection on India. Disgraceful in fact. It seems that “officialdom” was tolerate of the situation on the streets where women were harassed and attacked and now “officialdom” doesn’t want to be associated with what was allowed to happen.

    This was a heinous crime but justice needs to be served properly and the actions of the bar council is cowardly.

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    Mute Tomy Iona
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    Jan 2nd 2013, 1:00 PM

    Read the story! They will have lawyers.

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    Mute Brian Daly
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    Jan 2nd 2013, 1:28 PM

    Tomy – I have read the story and hence my post. It appears that they will not be able to access bar council members and will have to rely on a court appointed legal team. The bar council is on the record as saying defending the alleged culprits is “immoral” so one imagines that there is considerable peer and public pressure on whoever the defence team is.

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    Mute Peter Fitzsimons
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    Jan 2nd 2013, 11:24 AM

    Yeah conor they should be barred for refusing to defend animals. Would you ever catch on to yourself take your head out of your arse and realise this is the real world . These animals dont deserve any defence they deserve to be executed without trial for what they done.

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    Mute Billie Hetfield
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    Jan 2nd 2013, 11:54 AM

    What separates us from the animals if we take away human rights? We should not stoop to their level.

    Innocent until proven guilty. The Indian courts need to get the job done here. These solicitors are a disgrace.

    I’m usually all for sharing opinions Peter, but yours is just plain wrong. You can’t execute someone without a fair trial. If you do, you are also an animal. You are the one who needs “catch on to yourself”.

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    Mute Jim Walsh
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    Jan 2nd 2013, 11:57 AM

    Unfortunately they do have the right to representation no matter how horrendous the crime. Even Anders Brevik got representation in Norway last year and I think his crimes were every bit as awful as what happened here.

    The may have no real defence but until they are tried in a court of law and convicted then they are still entitled to due process. This is the price we pay for living in a supposed civilised society. What’s the alternative?

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    Mute Gerri McCaffery
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    Jan 3rd 2013, 12:05 AM

    If they don’t get a proper trial they could end up getting off! Someone has to present a defense!

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    Mute Jonathan Kennedy
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    Jan 2nd 2013, 11:25 AM

    And people say that the death penalty is inhumane and wrong.

    The death penalty is the only fitting punishment, an example needs to be set!

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    Mute Richard Keogh
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    Jan 2nd 2013, 12:37 PM

    The death penalty can never be justified. Life behind bars is a far worse sentence than a quick ending. The death penalty is little more than state sponsored murder and only hurts the family of the executed. And that is before taking account of the numerous times innocent people have been executed in error. As for the lawyers refusing to represent them they should all be disbarred. Until it goes to trial there is no way of knowing how strong the evidence is against them or if they even did it.

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    Mute Michael J Collins
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    Jan 2nd 2013, 12:49 PM

    Jonathan
    I’m sure you would need psychological treatment if you witnessed an execution in Saudi Arabia which are conducted in public squares. The executioner is usually adept enough to remove the head in one go but sometimes it has to be hacked six or seven times with the victim screaming. Should I continue or does that change your mind?

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    Mute Jonathan Kennedy
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    Jan 2nd 2013, 1:00 PM

    I don’t know, this seems like a pretty decent case that deserves the death penalty. However you want to see it, a state sponsored murder, or justice, in my opinion, it is the only option.

    The death penalty is a deterrent for future rapists and sexual assaulters.

    I imagine that if the penalty for rape was death, and not lengthy jail time with a possibility of parole it would decrease the amount of sexual assault cases there is.

    As for the families, in any rape case, I think knowing their son/daughter was a suspect in a rape case hurts them just as much.

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    Mute Jonathan Kennedy
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    Jan 2nd 2013, 1:25 PM

    Haha well I can certainly agree with that.

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    Mute Damien Knox
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    Jan 2nd 2013, 2:16 PM

    Hmmmm hard choice, take the death penalty or sit in jail for the rest of my life in a small cell…..

    If these people have no problem going out and doing this, and they knew they were going to get the death penalty, then what have they got to lose but taking their actions further?

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    Mute Jonathan Kennedy
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    Jan 2nd 2013, 3:45 PM

    I don’t really know if that would justify people’s reasoning to rape and commit even more crime.

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    Mute Belly Up
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    Jan 2nd 2013, 11:31 AM

    Absolutely disgraceful. The legal profession in India finding them guilty before they even reach trial.

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    Mute Rian Lynch
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    Jan 2nd 2013, 12:07 PM

    Read the piece, the men on trial will have lawyers but the lawyers will be appointed. It’s the same here in Ireland a solicitor can refuse to represent someone. Te judge will then appoint one for the defendant

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    Mute Brian Daly
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    Jan 2nd 2013, 12:26 PM

    We have, but there seems to be a view of the Bar Council that this case is “immoral” and therefore their members would not willingly defend those who have been charged. There appears to be peer and public pressure not to defend those involved.

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    Mute Sean Smith
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    Jan 2nd 2013, 11:41 AM

    A sad reflection on India. They might not deserve a day in court, but they are entitled to one. To those calling for death and hanging, and worse – grow up.

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    Mute Belly Up
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    Jan 2nd 2013, 11:35 AM

    And anybody who thinks that this is the right thing to do needs to go and get themselves an education.

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    Mute Tomy Iona
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    Jan 2nd 2013, 1:03 PM

    and you need to read the story – they will have lawyers.

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    Mute Cormac Ryan
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    Jan 2nd 2013, 11:46 AM

    In some countries where they do not have a strong justice system the authorities will pick random scape goats to ease public pressure for justice. There needs to be a fair trail to be sure these are the animals responsible! Anyone here arguing the suspects should be hung without trail are risking the animals still being on the streets and a danger to the public if its not confirmed they are responsible!

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    Mute Peter Fitzsimons
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    Jan 2nd 2013, 11:30 AM

    Look all the do gooders are out in force, the men that raped and murdered this woman need a bullet in the head not a court hearing

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    Mute Brian Daly
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    Jan 2nd 2013, 11:41 AM

    Capital punishment will not prevent this from happening again. Ask any country with capital punishment.

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    Mute the lost lenore
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    Jan 2nd 2013, 11:43 AM

    You need a trial to ensure you’ve caught the actual criminals and then you can do whatever the law permits. Obvious. What happens if one of your trigger happy execution squads gets the wrong person?

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    Mute Justin Chan Hsian Loon
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    Jan 2nd 2013, 11:52 AM

    The rate of theft is very low in Saudi Arabia because they know if you steal you lose your hand. That’s a way more powerful deterrent than community service, few weeks behind bars, and a bar record.

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    Mute Declan Noonan
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    Jan 2nd 2013, 11:56 AM

    Peter, yes you are correct but to find out who exactly did the crime you need to put them on trial.

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    Mute the lost lenore
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    Jan 2nd 2013, 12:02 PM

    Bad comparison there. Saudi Arabia is a despotic kleptocracy. Basically it’s a family business masquerading as a country where the aristocracy can do whatever they want. Pre-revolutionary France was egalitarian by comparison.

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    Mute the lost lenore
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    Jan 2nd 2013, 12:07 PM

    Why is it that every time a serious crime is discussed on this site a certain cohort feel the need to let their inner Amon Goeth out and start roaring for hangings, shootings, mutilations and executions without trial?

    What the hell is wrong with you?

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    Mute Brendan Peters
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    Jan 2nd 2013, 12:34 PM

    It may be a suggestion that due to the nature and world wide media interest in this case add to that the civil unrest – I think the reason the solicitors won’t take the case is more for there own safety for themselves their buisness and their family than any other interest in the moral good
    It wouldn’t be worth it really

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    Mute Billie Hetfield
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    Jan 2nd 2013, 1:25 PM

    I have a query for the “Execute Rapists” camp.

    What is your suitable punishment for a false rape claim?
    Also, what is the least severe crime that deserves the death penalty? Where is the line?

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    Mute Damien Knox
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    Jan 2nd 2013, 2:19 PM

    As an add on to what you said Billie, what do we do with the people who make these false claims?

    False claims of the rape variety destroy lives all because of one selfish b*stards actions.

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    Mute adrian egan
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    Jan 2nd 2013, 12:38 PM

    Can anybody here find a defence for the actions of these six “men” . Because i cant , see the list of injuries inflicted on the poor woman, they then proceed to throw her to her death and then reverse the bus and try to run her over, afterwards try to cover up the crime , read more about it and u will see those charged do not deserve a trial, death penalty is too good for them.

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    Mute Jim Walsh
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    Jan 2nd 2013, 12:49 PM

    There may not be a defence but the point is that there needs to be a process and that process needs to be run in a consistent and fair manner so that justice is done. Ultimately these men may plead guilty and face the sanction for what was a disgusting crime. And if they plead not guilty then the process will most likely find then guilty as there is an eye-witness to what happened.

    However your alternative whereby people don’t get a trial and instead get some form of mob justice is hardly a model of justice that anybody would want to live by. This may be a open and shut case but very few cases are like that.

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    Mute Colm O'Leary
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    Jan 2nd 2013, 3:20 PM

    People seem to be forgetting that this is not a rape but a murder trial now. Which is probably why the death penalty is being touted as a possible punishment.

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    Mute Patrick Cadogan
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    Jan 2nd 2013, 12:38 PM

    This is india, its half a world away and its their system….its what works for them!!….and as I read the article they are refusing to nominate themselves but going to let the court nominate….its not a local courthouse in the nearest big town

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    Mute Darren McCann
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    Jan 2nd 2013, 1:09 PM

    Don’t see the problem. A lawyer will be appointed by the court and he will defend them so they get there day to claim innocence. These bastards must be killed if the death penalty is served in India. It’s irrelevant u agree or not as it’s Indian law and these are the consequences for horrendous crimes

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    Mute Brian Daly
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    Jan 2nd 2013, 1:32 PM

    Death penalty in India hasn’t been used in the past 8 years with the exception of the one person found guilty of the Mumbai terrorist attacks. It is reserved for the “rarest of rare” crimes.

    No civil society allows women to be raped and murdered on the streets and no civil society should allow capital punishment . Two wrongs do not make a right.

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    Mute Martin Mc Mahon
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    Jan 2nd 2013, 12:15 PM

    Have you been to India?

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    Mute Kevin Smyth
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    Jan 2nd 2013, 1:30 PM

    Since when do lawyers have morals? I smell a publicity stunt.
    As we all know, no lawyer has ever tried to defend a guilty party. And the moon is made of cheese.

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    Mute Conor Gallagher
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    Jan 2nd 2013, 3:03 PM

    You appear confused:
    The Moon http://www.universetoday.com/20583/what-is-the-moon-made-of/
    Duty of Defence lawyers (see para 11)
    counselhttp://defensewiki.ibj.org/index.php/Standards_of_Professional_Conduct_and_Etiquette_for_Lawyer_India

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    Mute Patrick Lavery
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    Jan 2nd 2013, 12:38 PM

    Quite possible Brenden or on the other hand is it not possible that the legal profession of India has become so disgusted with the level of sexual violence against women that they have decided to take a stance…

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    Mute Brendan Palmer
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    Jan 2nd 2013, 7:53 PM

    Seems like a lot of the comments here reflect the “Old West” attitude of “Give him a fair trial and then hang him”
    Our society is based on legal due process. It is difficult to see how any lawyer could defend these guys other than make certain that the process is fair, which is in all our interests, we never know when we might need it ourselves

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    Mute Michael O'Reilly
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    Jan 2nd 2013, 7:14 PM

    Ain’t it a pity that our native lawyers and solicitors never take a moral stand like this…!!!

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    Mute Health is Wealth!
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    Jan 7th 2013, 4:52 AM

    EveryONE, not just women, not just Delhi … should be OUTRAGED!! You CANNOT CONDONE BEASTS!!!!!!
    If you were bitten by a dog with rabies it would be shot. These “men” are not even rabid .. but they behaved worse than rabid animals – it’s an insult to even compare them with ANIMALS – ANIMALS DO NOT deliberately inflict such HIDEOUS ACTS AGAINST OTHER CREATURES!!!!!!!!!!!!!!!!

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    Mute Health is Wealth!
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    Jan 7th 2013, 4:58 AM

    These beasts are an INSULT to the human race!!! Take STRONG action and DON’T STOP, DON’T WAIVER, DON’T GO SOFT .. because THEY WILL RE-OFFEND AGAIN!!!!!! Worse, other men will FOLLOW SUIT UNLESS YOU BRING DRASTIC –and —- SEVERE — CHANGE AND — FAST!! Your MOTHER, DAUGHTER, SISTER, GRANDMOTHER … WILL NOT BE SAFE!!!!!! UNTIL THIS VIOLENCE AGAINST WOMEN IS STOPPED!!!!!!!!!!!

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    Jan 7th 2013, 4:49 AM

    Hanging is too quick and too kind! Bring in CAPITAL PUSHISHMENT .. and they should die the same way as the woman did!! Why should they be shown MERCY when they dished out NONE to her – when she was far more deserving of kindness than them???!! Judge should issue death by “An EYE for an EYE!” – Let them be meted out INTERNAL INJURIES BY … VIOLATION … JUST LIKE THEY DISHED OUT TO THE VICTIM – and then, let those BEASTS BE THROWN OUT NAKED FROM A MOVING BUS WHEN THE PUNISHMENT HAS BEEN METED OUT — LET THEM NOT BE TAKEN TO A HOSPITAL UNTIL 1.5 HOURS HAVE PASSED!!!!!!!!!!!!!!

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    Mute caroline morley
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    Jan 2nd 2013, 10:42 PM

    The comments here are all about laws if other countries and the rights and wrongs if how these so called human beings are gonna be dealt with, so a lot if men here have daughters, girlfriends , wives, tell me if it was your daughter or other half what punishment would fit this awful heinous crime ?

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    Mute Brian Ward
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    Jan 2nd 2013, 11:07 PM

    Life without parole in solitary.

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    Mute Kate Ellen Egan
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    Jan 3rd 2013, 1:03 AM

    Very impressed by those Indian lawyers en masse refusing to defend those barbaric men , what would happen here I wonder ….just wondering

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