Advocates for Ajay

Assistant District Attorney, Steve Mount was overheard saying the following comments during the trial:

1.

Nepal is a Maoist country:

2.

Nepal is a war torn country run by Maoists.

3.

There was a civil war.

4.

Nepal is a communist country.

Truth:

Nepal is a Democratic country.

1.

Nepal does not have birth certificates:

Truth:

Nepal issues birth certificates to every child born in Nepal since 1979, before 1979 birth certificates were issued to every child born at a hospital or by request for home births.

1.

People have no rights – Legal System:

2.

Nepal is a lawless society.

3.

Women don't even have rights.

4.

He alluded that the courts in Nepal are not like the courts here, and that the complaining witness could not have received a fair trial.

5.

The justice system in Nepal isn't like ours (the USA )

6.

Their system of government is different than ours, and their legal system is different.

Truth:

Nepal has had a Legal System since 250 AD, the current Legal System was established in 1950 AD.

Truth:

First Constitution of Nepal , Nepal Sarkar ko Vaidhanik Kaanoon was enacted in 1947 AD. Nepal Interim Sashan Bidhan, 1950 AD, and the Constitution of Kingdom of Nepal , 1958 AD.

Truth:

Nepal has the Ministry of Women, Children, and Social Welfare which was setup since 1990 to protect Women's rights.

Truth:

The Nepal Legal System is modeled after the British Legal System and is very similar to ours.

.

1.

The people have to live in government housing to work at a cigarette factory.

Truth:

People in Nepal live in private housing and own their own property, just as in the United States . People who work for different companies or Government entities have the option to live in housing provided by them like some professor's at Universities choose to live on Campus.

1.

The DDA described the Nepali community as a small group consisting of about 25 families.

Truth: There are more than 500 people in the local tri-county area.

1.

So what if she was born in Rajbiraj or Janakpur . Maybe she was born in both places.

2.

She lived in both cities and her memory is so bad she isn't sure what city she was born in.

3.

He also said that the complaining witness isn't very bright and that she doesn't understand nuance in the English language, yet he allowed her to translate into English the pre-text call.

Transcript of June 11, 2009, verifies Deputy District Attorney Mount's prejudicial comments about Nepal.

1.

“As to the date of birth, Nepal doesn't have birth certificates.”

2.

“As to the place of birth, is it Boria, is it Janakpur? Do we know? Does it make a difference? They could both be correct? First of all, we don't know what hospital she was born in or even if she was born in a hospital.”

3.

“They live in government housing. This is a government compound for the workers who work at the Janakpur cigarette factory. This is a country where they have the collective place where the workers live.”

4.

“We're talking about Nepal . We're talking about a country in the middle of a civil war in 1999.”

5.

“Just like when you're talking about the Nepali system of justice being like California, it is nothing like that. No 14 year old ever gets prosecuted however many years later for something that happened on a passport when she was 14 in California . They have nothing like due process. Did you see any statement from Mr. Dev where I questioned him in an interview in my office? No, that doesn't happen in the United States . He has rights. The jury instructions tell you all about that. There is no such thing in Nepal”

Truth:

She was not 14. She was 21 when she was prosecuted and convicted of passport fraud. The original documents used to obtain the fraudulent passport were doctored school records. The passport the Nepal government has in their possession, for which she was prosecuted she obtained after the age of 18. Her parents reduced her age to qualify her for adoption. The issue was did she know her real age. The court found she had 4 dates of birth registered at different locations. The date of birth registered with the central government (before adoption was thought of) they found to be her true birth date. By the way her hand writing was on the documents, including tampered documents provided to the court , this was proved by a handwriting expert in the US.

Truth:

DDA Steve Mount states that Nepal doesn't have due process and alludes to a statement taken at a prosecutor's office. There was a statement by the accuser obtained in the police station in Nepal and confirmed by her in court. It was not as alleged by DDA Mount. In the U.S. people give statements to the police at the police station every day.

Det. Hermann testified at trial that he did not contact anyone in the Nepal to verify the case against the accuser by the government of Nepal. So if no facts were checked how can DDA Steve Mount make a statement in court as to what happened?