The Hindu : National : Swiss couple convicted for child abuse missing

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Thursday, Feb 17, 2005

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Swiss couple convicted for child abuse missing

By Meena Menon

MUMBAI, FEB. 16. Wilhelm and Loetscher Lili Marti, an elderly Swiss couple convicted by a Mumbai court of child abuse and kidnapping in March 2003, are no longer in the country.

According to police sources, the couple have gone back to Switzerland but the police do not know how and when they left. The only indication that the couple are no longer in India is that they have applied for travel documents to a third country.

An appeal by the State of Maharashtra is still pending in the Supreme Court.

`Abuse of law'

Ravindra Adsure, standing counsel for Maharashtra in the Supreme Court, told The Hindu that the Martis could not leave the country without the Supreme Court's permission. The court had contemplated such a move and had asked them to surrender their passports, while releasing them on bail last year. "This is sheer abuse of the process of law and directly contrary to the Supreme Court's intentions," he said.

E.C. Agrawal, the Delhi-based lawyer who represented the Martis in the Supreme Court, said that after his clients were released on bail, he was not in touch with them and he did not know where they were. He said he did not remember if the apex court had laid down restrictions asking them not to leave the country. The Martis' lawyer in Mumbai, Ayaz Khan, also said he did not know of their whereabouts. The Swiss Consulate in Mumbai said they could not comment as a matter of policy.

Seven-year sentence

Members of the Forum Against Child Sexual Exploitation (FACSE) trapped the Martis in the company of young girls in a hotel in Mumbai on December 16, 2000. They were arrested and the Social Service Branch registered an offence against them. On March 29, 2003 the trial court sentenced them to seven years rigorous imprisonment and a fine of Rs. 15,000 each.

However, in March 2004 they appealed to the Bombay High Court, which set aside their conviction, saying further custody would serve no purpose. The court allowed them to settle the matter by paying Rs. one lakh each to each of the six victims. They had already served half their sentence by then.

Passports impounded

Child rights activists were outraged and appealed to the Supreme Court. The apex court ordered the Martis to surrender their passports and not leave the country till the matter was settled, Mr. Adsure said.

They were released on a personal bond of Rs. 20,000 each.

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