Salman defence targets tests

Lawyer suggests that police tampered with blood samples given by Khan on the night of the fatal collision

Salman Khan’s defence team argued in court on Wednesday that after the fatal collision in 2002 in which one man died, the actor’s blood samples were tampered with and his medical examination done in just five minutes.

Defence counsel Shrikant Shivade argued before Additional Sessions Judge D.W. Deshpande that the primary evidence, the medical case paper, showed that Khan was brought before Dr Shashikant Pawar of Sir J.J. Hospital at 2.25pm and discharged at 2.30pm on September 28, 2002.

“According to the exhibits, his BP was checked which was 138/88, pulse was checked which was 88 per minute, eyes checked for dilation, abdomen was examined which was soft, and as far as smell [of alcohol] was concerned, it was kept blank ... This means there was no alcohol, and also he was made to walk straight. Do you think all this is possible in five minutes,” Shivade asked.

He also contended that Khan’s blood samples collected at the governmentrun Sir J.J. Hospital were tampered with at the behest of police with the intention to implicate him. Shivade questioned the logic of the Bandra police station of not collecting blood samples at the neighbourhood civic-run Bhabha Hospital in Bandra and sending him to the government hospital in Byculla, south Mumbai.

“It is mentioned that a blood collection facility was not available at the Bhabha Hospital ... is that possible? It is a reputed hospital. It has an operation theatre and an ICU ... Do you mean to say that syringes and blood sample collection is not present there?” Shivade argued.

Dwelling upon the cross-examination of Pawar, who examined Khan and collected the blood sample, Shivade said Maharashtra Medical Code rules were not followed, including taking the consent of the accused and other aspects.

“His consent was not taken ... in an invasive procedure ... do you want to follow the procedure laid down here, or in Namibia and Ethiopia?” he demanded.

Citing another important factor, Shivade said the blood samples were collected on the afternoon of September 28, 2002, and sent for examination after two days and actually tested on October 1.

“The evidence is silent on how it was stored, where it was kept and under whose custody? The vials used were stored in his [the doctor’s] chamber ... Many patients come and go ... there are chances of contamination,” he said.

“When preservative is not used, it leads of fermentation, which would show presence of alcohol even if there is no alcohol in the blood ... Absolutely no precautions were taken,” Shivade said.

Khan is accused of ramming into a bakery in Bandra west, killing one man and injuring four others.