Identifier
Created
Classification
Origin
09KATHMANDU296
2009-04-10 09:08:00
UNCLASSIFIED
Embassy Kathmandu
Cable title:  

NEPAL: ACCIDENT VICTIM SEEKING COMPENSATION FROM

Tags:  PREL PGOV PHUM ASEC AMGT NP 
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VZCZCXRO5215
OO RUEHCI
DE RUEHKT #0296/01 1000908
ZNR UUUUU ZZH
O 100908Z APR 09
FM AMEMBASSY KATHMANDU
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0028
INFO RUEHBJ/AMEMBASSY BEIJING PRIORITY 6898
RUEHLM/AMEMBASSY COLOMBO PRIORITY 7216
RUEHKA/AMEMBASSY DHAKA PRIORITY 2538
RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 5260
RUEHLO/AMEMBASSY LONDON PRIORITY 6410
RUEHNE/AMEMBASSY NEW DELHI PRIORITY 2964
RUEHSA/AMEMBASSY PRETORIA PRIORITY 0244
RUEHCI/AMCONSUL KOLKATA PRIORITY 4552
RUEHGV/USMISSION GENEVA PRIORITY 2279
RUEKJCS/SECDEF WASHDC PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 3471
RHEFDIA/DIA WASHDC PRIORITY
RHMFIUU/CDR USPACOM HONOLULU HI PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
UNCLAS SECTION 01 OF 02 KATHMANDU 000296 

SIPDIS

E.O. 12958: N/A
TAGS: PREL PGOV PHUM ASEC AMGT NP
SUBJECT: NEPAL: ACCIDENT VICTIM SEEKING COMPENSATION FROM
EMBASSY EMPLOYEE

REF: SIMAS REPORT KATHMANDU 02442-2009 (166474) (NOTAL)

Summary
-------

UNCLAS SECTION 01 OF 02 KATHMANDU 000296

SIPDIS

E.O. 12958: N/A
TAGS: PREL PGOV PHUM ASEC AMGT NP
SUBJECT: NEPAL: ACCIDENT VICTIM SEEKING COMPENSATION FROM
EMBASSY EMPLOYEE

REF: SIMAS REPORT KATHMANDU 02442-2009 (166474) (NOTAL)

Summary
--------------


1. (SBU) On the evening of March 9, 2009 Jennifer Kerr, the
Political/Economic Section Office Management Specialist, was
involved in a vehicular accident with a motorcyclist.
Although initially media did not cover the accident, once
they began to cover the story on March 24 they have presented
very sensationalized and inaccurate stories. Embassy
officials have met with the Ministry of Foreign Affairs and a
local human rights organization regarding the accident. Post
will continue to work with the Ministry and is discussing
next steps.

Accident Details
--------------


2. (SBU) On the evening of March 9, 2009 Jennifer Kerr, the
Political/Economic Section Office Management Specialist
(OMS),was involved in a vehicular accident with a
motorcyclist. The investigation is ongoing; however, all
indications are that the accident was clearly the fault of
the motorcyclist. The motorcyclist, Sunny Nakarmi, had
attempted to evade a police roadblock, crashed, and slid into
the OMS' private vehicle traveling in the opposite direction.
The motorcyclist was brought to the hospital by ambulance.
The OMS immediately contacted Post One and the Assistant
Regional Security Officer (ARSO). The OMS remained at the
scene and cooperated fully with the police, assisted by the
ARSO, Locally Employed Staff Investigators (LESI),and local
guard force. The OMS was not injured; however, the
motorcyclist was severely injured and remains in intensive
care in the hospital.

Press Reporting
--------------


3. (SBU) Initially the accident received no press coverage.
Avenues Television presented the first story, a very
sensationalized expose, over two weeks later. The following
week both the English language and vernacular press began to
cover the story. In reaction to the false and misleading
information contained in the media, the embassy issued a
press release April 1. Although some subsequent stories
refer to the press release, major inaccuracies remain. Both
television and print media widely covered the April 9 protest
at which approximately 150 relatives and friends of the
motorcyclist delivered a memorandum to the Chairman of the
Constituent Assembly. The group also marched carrying
placards with photographs of the motorcyclist in the
hospital, the embassy employee (Traffic Police had released
her driver's license photograph, license number, and license
plate number to the media),and phrases such as 'punish the
guilty', 'take action against the embassy employee' and
'provide compensation to the victim.'

Subsequent Meetings
--------------


4. (SBU) On April 8 Deputy Political/Economic Chief, ARSO,
and Senior LESI met with two Ministry of Foreign Affairs
(MFA) officials (Ambika Luitel, Under Secretary, Europe and
Americas Division, and Deepak Adhikary, Deputy Chief of
Protocol). Emboffs explained how the accident had occurred,
and corrected some misinformation contained in press reports
and in the family's letter to the MFA requesting
compensation. MFA officials appreciated the embassy's
outreach and requested assistance in obtaining the necessary
reports from the Nepal Traffic Police. MFA officials
appeared sympathetic to the family's request for compensation
and reiterated that by local custom, though not law, the
driver of the larger vehicle pays compensation to the smaller
vehicle regardless of fault.


KATHMANDU 00000296 002 OF 002



5. (SBU) On April 10, Information Officer and Deputy
Political/Economic Chief met with Sudip Pathak, Chairman of
Human Rights Organization of Nepal (HURON),regarding the
accident. Emboffs related what had occurred the night of the
accident and subsequently. Pathak informed Emboffs that a
large group, primarily Nakarmi's relatives and other students
from the college he attends, had shown up at HURON's office
on April 8. He stated he had requested the meeting to find
out the facts of the case and to offer to mediate between the
family and the embassy. He indicated the family was
requesting the driver, or embassy, pay all Nakarmi's medical
bills (currently estimated as at least 600,000 Nepali rupees,
or approximately $7500) on humanitarian grounds even if Kerr
was not at fault.

Next Steps
--------------


6. (SBU) The ARSO has increased the local guard force
presence at Kerr's residence. The diplomatic license plate
on her vehicle has been changed. Post will continue to work
with the MFA. Core country team reviewed the situation as of
April 10, and discussed possible next steps. The core
country team will review these options on April 13.
POWELL