Can't be punished twice, pleads Lama's attorney

KATHMANDU & LONDON, JUN 07 - The defence attorneypleading for Nepal Army Colonel Kumar Lama , who is facing trial in the United Kingdom ( UK ) for alleged crimes committed during the Maoist conflict, has pleaded that the colonel cannot be punished twice for a single crime under the principle of double jeopardy.

Appearing in the Old Balley court in London, Barrister James Lewis maintained that Nepal's Kapilvastu District Court had already ordered Lama to pay compensation to the victims and a departmental inquiry had halted his promotion.

The double jeopardy principle has also been raised in the 'country paper' sent by Nepal in Lama's case.  

The Barrister also sought Lama's immunity, stating that he is a state official of Nepal and a UN expert in a mission. Lama was a military observer in south Sudan under the United Nations peace keeping mission until his arrest.

Lewis told the court that the Chairman of the Interim Election Government, Khil Raj Regmi, had written to his British counterpart David Cameron, saying that under international laws, Britain should have given Nepal a chance to extradite Lama.

“It simply was not done in this case. That is the complaint that was made by the prime minister of Nepal,” Lewis told the court.

However, British prosecutor Boby Dhima said Lama cannot be granted immunity if accused of torture, which the prosecutor said, is an international crime.

Lama was arrested by the UK 's Metropolitan Police from his home in St Leonards-on-sea on January 3 on two counts of torture committed by him between April and October 2005 at the Gorusinghe Army Barracks in Kapisvastu district.

Human rights lawyer Govinda Bandi said the principle of double jeopardy cannot be cited in this case as the Kapilvastu District Court had ordered only compensation for the victims.

The next hearing is scheduled for June 19.