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Scuba Forum / General / August 2004

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Support Justice for Kirsty

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Chris Brady - 01 Aug 2004 13:23 GMT
Send an e-mail to support@justiceforkirsty.org to become involved. For
more information, visit www.justiceforkirsty.org

=============================================================

Sunday Times U.K. (and others)

August 01, 2004

http://www.timesonline.co.uk/printFriendly/0,,1-525-1197626,00.html

A mother's final mission: justice for dear Kirsty

Jean Newlove explains why she is battling for justice over the
mysterious death of her daughter Kirsty MacColl

On December 18, 2000 my daughter Kirsty MacColl took her sons, Jamie
and Louis, on their first scuba diving expedition, in a marine nature
reserve off Cozumel in Mexico. Louis told me later of their excitement
as they surfaced after the first dive: "I looked round and smiled at
mummy and I said ‘Wow!' and she smiled back and said ‘Great!'."

Then it was finished. Kirsty was struck by the propeller of the
Percalito, a speedboat owned by one of the wealthiest men in Mexico,
and died almost instantly. Her last action was to push Louis out of
harm's way.

My beautiful talented daughter, who was coming into her own again
personally and musically after a difficult time, was dead at 41. For
her family the loss is incomparable. The bravery of her boys, now 17
and 19, in remaking their lives is heartbreaking.

When I cry now my tears are those of anger. Although my daughter's
injuries were horrendous, the speedboat should not have been in an
area designated for divers and their support boats. Yet its owner,
Guillermo Gonzalez Nova, head of one of Mexico's biggest supermarket
chains and who was on board at the time with members of his family,
refuses to see me or even to answer the letter that I wrote to him
earlier this year. There has been not one word of regret from him and
there are questions that I want him to answer.

There was a trial. Juan Jose Cen Yam, a 28-year-old deck hand, was
convicted of culpable homicide and sentenced to 34 months in jail —
although he was allowed to pay a fine, a paltry £61, instead of
serving his sentence. The court did not hear witness evidence,
published in the press last week, that it was not Cen Yam who had been
steering the boat.

I am determined that there will be justice for Kirsty. I couldn't do
it on my own. Fred Shortland, who met Kirsty at her last British
concert, has offered to help. He runs Casa Alianza, an organisation
that helps street children in Latin America, and he guided me through
the difficult early encounters with the Foreign Office — which is now
being wonderfully supportive.

With my friend John Dalby, I travelled to Mexico in March to see the
site of the accident and to try to find out the truth. I met several
government ministers and was received with great sympathy and
courtesy, although I was astonished that for some it was the first
they had heard of the case.

Dr Gabriel Szekely at the tourism ministry thanked me for coming. "But
for the grace of God, it could have been one of my family. What can be
done?" he asked.

That's simple: get people to obey the law. We can't bring Kirsty back,
but at least our work might prevent more terrible accidents like hers.
Gonzalez Nova, however, seems to consider himself above the law.
People think of Mexican men as tough and macho, but I believe his
behaviour cowardly and underhand. He has even claimed that our motive
is to get money out of him.

This is contemptible. What we want is justice and we have spent
enormous sums of money on our campaign. We had begun by hiring a
private investigator from New York. He found more witnesses in Cozumel
whose testimony states that it was not Cen Yam who had been driving
the boat. The investigator was excellent but expensive.

Then we needed someone who knew Mexican law. Demetrio Guerra, our
brilliant Mexican lawyer, has persuaded the federal prosecutor to look
at the new case he has built. Any day now he will tell us whether it
is strong enough for a new trial. We think it is. Guerra is committed
to our cause but he needs to be paid. So far the campaign has cost
£200,000.

At first Kirsty's former husband, music producer Steve Lillywhite,
paid the bills, and then Kirsty paid. Can you imagine how galling it
is to me that my daughter's earnings were being used to retrieve
evidence of her own terrible death? I spent most of my savings helping
to fund the trip to Mexico.

If the federal prosecutor opens a new case, I hope Gonzalez Nova will
face a charge of perjury. If the prosecutor refuses? Then it's battle
stations. I will never let it rest.

We will appeal to a higher level if we need to. I am elderly now but
my friends say that if anything happens to me they will carry on. They
will never let it go.

The Justice for Kirsty campaign has Spanish and American branches and
Padi, the diving body, is behind us. More than 8,000 people have sent
postcards demanding justice for Kirsty to President Vicente Fox of
Mexico.

The warmth of this support is fantastic. However, the stark truth is
that if there is no money, there is no campaign. People have suggested
benefit concerts but nothing has happened — yet.

As the wife, friend and mother of musicians I know they are not the
easiest people to organise — but I hope someone will do something. We
cannot stop now. And I think I know what Kirsty would have done.
Popeye NCAT3 - 01 Aug 2004 16:34 GMT
>From: chrisjbrady03_nospam@yahoo.co.uk  (Chris Brady)

>So far the campaign has cost £200,000.

 What an a.shole.

 For a 20th of that, you could just have had him killed.

 Or done it yourself for free.

 Not much of a man, or father, are you?

>The Justice for Kirsty campaign has Spanish and American branches and
>Padi, the diving body, is behind us.

 Another PADI patch?
   
         
                                       Popeye
                "I didn't attend the funeral, but I sent a nice
                 letter saying I approved of it." - Mark Twain
Dillon Pyron - 02 Aug 2004 04:14 GMT
>>From: chrisjbrady03_nospam@yahoo.co.uk  (Chris Brady)
>
[quoted text clipped - 3 lines]
>
>  For a 20th of that, you could just have had him killed.

A Smith 9mm goes for about $75 in Mexico City.  Figure another $75 for
the actor.  He would, of course, need a high cap mag to do the job
properly.

>  Or done it yourself for free.
>
[quoted text clipped - 4 lines]
>
>  Another PADI patch?

She meant Paddy, as in IRA.  A group they should call on to help.
>    
>          
>                                        Popeye
>                 "I didn't attend the funeral, but I sent a nice
>                  letter saying I approved of it." - Mark Twain

Signature

dillon

When I was a kid, I thought the angel's name was Hark
and the horse's name was Bob.

 
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