New Delhi, May 18: Australian cricketer Luke Pomersbach, arrested on charges of molesting an American woman in a hotel last night, was today granted interim bail for a day by a Delhi court.
There was drama during the 30-minute proceedings, when the 27-year-old batsman, playing for Royal Challengers, Bangalore, in the IPL, complained of uneasiness and fainted while the victim broke down when she narrated the incident.
Policemen took him outside the court room and gave him water after which he regained composure to come back to the court room made stuffy by the crowd of lawyers, journalists and onlookers.
Pomersbach, who has had a history of brawls and brush with police in his country, and accused of outraging the modesty of a woman here last night after a post-match party, was granted relief by Metropolitan Magistrate Navita Kumari Bagha till tomorrow.
The Magistrate directed the Delhi Police to bring the CCTV footage from the hotel tomorrow along with the medical records showing the nature of injury caused to the woman's fiance Sahil, who is admitted in ICU in a private hospital here after being allegedly beaten by Pomersbach. “The accused is granted interim bail till tomorrow,” the magistrate said.
“Bring the CCTV footage of the hotel and the doctors opinion about the nature of the injuries sustained by him (the woman's fiancee Sahil),” the court said.
During the hearing, the court asked the Delhi police as to why they had not secured the CCTV footage of the hotel. Delhi Police had sought that the court should sent the cricketer into judicial custody.
The woman narrated the sequence of the event saying that she was with her fiance and Pomersbach forcibly entered their room in the hotel to have drinks and molested her.
“Sahil only told him ‘please leave the room' and he (Pomersbach) turned and started assaulting him and punched him (Sahil) several times on his face,” she said.
Delhi Police submitted that Pomersbach misbehaved with the woman and assaulted Sahil, who received injury. The woman told the court that despite being beaten severely the case has been registered under section 323 of the IPC for simple hurt.
“The injuries are grievous and the police have charged him just under Section 323 of the IPC.. Sahil was beaten so badly that he is in the ICU,” the woman told the court.
Advocate Neeraj Chaudhary, who appeared for Pomersbach, vehemently opposed the police version and said that Sahil has not not been admitted to the ICU and Pomersbach was instead beaten up by him.
“Pomersbach was beaten up by Sahil in the room. There was no previous rivalry between them. They (Sahil and the woman) had invited Pomersbach to their room,” the counsel said adding that his client was not carrying any arms with him. On this, the woman said, “for molestation, you do not need a pistol or any other arms.”
The woman told the court that after the Royal Challengers, Bangalore, won the IPL match yesterday, a party was going on at the hotel where she was with Sahil. She said Pomersbach “tagged” along with them and said that he wanted to come for drinks with them. When he came she went to her bedroom to sleep but Pomersbach came from behind and tried to kiss her on which Sahil intervened and asked the cricketer to go out.
At this, Pomersbach assaulted Sahil and beat him up badly. “Sahil is very serious and is admitted to the ICU. He (Sahil) just tried to save me and that is how he was hurt,” she said.
Counsel for Pomersbach, however, denied the allegation and said that the cricketer has also got his hand fractured in the last night's incident.
He said that Pomersbach was invited by Sahil and his fiancee to their room and they had gone there together. “Why the police has not taken the CCTV footage of the hotel. It will be crystal clear from the footage that whether Pomersbach had gone there forcibly or they (Sahil and his fiance) had taken him with them,” the lawyer said.
Earlier, the 27-year-old Pomersbach's conduct prompted RCB owner Vijay Mallya to suspend the batsman, who has not played a single IPL match so far this season, till the time he is cleared of the charges.
The incident came two days after Shah Rukh Khan's scuffle with officials of the Maharashtra Cricket Association officials, which has prompted MCA to ban the Kolkata Knight Riders co-owner and Bollywood star from its premises for five years.
A case has been registered against him under various sections of IPC including section 354 of IPC (outraging modesty of woman), 323 (hurt), 454 (house trespass) and 511 (Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment).
“The RCB is aware of the incident involving one of our players. RCB will offer full cooperation to the authorities. Till the time he is cleared, Luke Pomersbach will not be part of RCB,” RCB owner Vijay Mallya told reporters.
IPL authorities sought to distance themselves from the incident with Chairman Rajiv Shukla saying the event had nothing to with this because the it did not happen in any party organised by it.
“Let the law take its course,” he said.
Denying the charge that IPL was full of controversies, Shukla said IPL 4 and 5 were free of controversies till now.
However, BJP MP and former cricketer Kirti Azad alleged that the IPL “has given rise to many unsavoury things. Today's attempt to rape is one such (incident)”.
He said foreign players were taking advantage of the conditions here.
Asked what the IPL or the Cricket Board would do now as the player has now been arrested by the Delhi police, Shukla said, “Let the police deal with it first, do their business. It is a police case and we will wait for the police report.”
Pomersbach, who made his international debut when he was called into Australia's Twenty20 side in Perth in December 2007, has a history of misbehaviour under the influence of alcohol.
In 2009, after two hit-and-run incidents, Pomersbach was arrested and charged by police for driving with a blood alcohol level in excess of permissible limits, failing to stop and accompany police and escaping legal custody.
He pleaded guilty and was fined and had his driver's license cancelled. The Western Australian Cricket Association suspended him indefinitely. He returned from his ban in January 2010.
Pomersbach also played for Kings XI Punjab in the IPL in 2008-09 season and made 152 in five innings, only once being dismissed.
The Royal Challengers Bangalore management have not given any reaction to the incident yet.
The team is scheduled to leave for Hyderabad where they will play their next match against Deccan Chargers on Sunday.
The ongoing IPL has seen one controversy after another unfolding in recent weeks.
Last week, a TV sting operation had implicated five fringe players in spot-fixing before Shah Rukh Khan's scuffle with MCA officials hit the headlines.
Dr D K Baluja of Primus Hospital, where the victim's fiance has been admitted, said there was bleeding from his left year and he was in drowsy condition.
“The vital parameters of the patient—blood pressure, pulse, oxygen level in blood, cardiac and abdominal condition -- were all normal.
“Since the patient complained of delusion and there was injury to the ear, a CT scan was done immediately and the report said that there was no deep head injury,” he said. He said the condition of the patient is stable.
