Twenty-eight years after Sister Abhaya, a 21-year-old nun, was found dead in a well at the Pius Xth Convent in Kerala's Kottayam district, a CBI court in Thiruvananthapuram has finally found one priest and a nun guilty of murdering her. But the path to this judgment that found Father Thomas Kottoor and Sister Sephy guilty of murdering the 21-year-old nun has not been an easy one. Since the trial began in August 2019, eight witnesses turned hostile — many under pressure and some who were accused of taking bribes. The church that retained the accused on its rolls has also come under the scanner many times and has been accused of trying to influence witnesses.
According to the Central Bureau of Investigation (CBI), Sr Abhaya had found Sr Sephy, Thomas Kottoor and another priest in a compromising position near the kitchen of the convent and they killed her fearing she would expose them. The other accused priest, Jose Poothrikkayil, was discharged from the case.
The CBI special court relied on crucial witness statements to convict the accused. Sr Abhaya's slippers, the open fridge door, a water bottle, her veil and some other objects strewn around — were pieces of evidence that pointed to a struggle in the convent's kitchen, when the then 21-year-old victim went to the kitchen to drink water.
According to Public Prosecutor M Navas, the inmates of the convent had heard some disturbance in the kitchen. “If Abhaya had taken her own life, her slippers should be near the well. However, they were found in the kitchen, although none of them testified to that in court," Navas said.
Incidentally, the crucial witnesses who confirmed the mess in the kitchen had turned hostile during the trial.
Sister Anupama, who was Sr Abhaya's roommate, had earlier told the CBI that she saw the victim’s slippers and habit inside the kitchen and also heard some strange noise from the kitchen. However, in court, she said that she could not recall the same, eventually becoming the first witness to turn hostile.
Sanju P Mathew, who lived near the convent, was another witness who turned hostile. He had told the CBI that he used to see Fr Thomas Kottoor and Fr Jose Poothrikkayil leaving the convent at odd hours in the night. He later said he did not remember the same.
Achamma, who was the kitchen supervisor at the convent, also testified about the mess in the kitchen, although she denied it in court.
Both Sister Elcitta, who was staying at the convent, and Thresiamma, a helper in the kitchen, had testified about the mess in the kitchen, including a water bottle and Sr Abhaya's slippers strewn on the floor. In November 2019, they did not speak about this in the court.
In her statement to the CBI, Sr Sudeepa said she heard a sound of a heavy object falling into the well. However, she denied giving this statement and also said that Sr Abhaya might have taken her own life as she was allegedly worried about her father’s alcoholism.
Sister Sherly was also Sr Abhaya’s roommate. She had stated that she saw something unusual at the convent but later denied giving the statement. Though the CBI asked for a narco analysis test on her, she challenged it in the Supreme Court.
Incidentally, among these witnesses, statements by kitchen supervisor Achamma and Sr Sherly turned out to be crucial, although their turning hostile caused a setback to the prosecution. "They were the 11th and 32nd witness. But they had revealed everything when cross-questioning, so we were not so worried," Navas told TNM.
The CBI had asked for a narco analysis test on Achamma too. Senior advocate Harish Salve had appeared on her behalf against the test in the Supreme Court. While he cross-questioned her about this during the trial, she agreed that someone else might have paid for her expenses to approach the SC. Finally the prosecutor read out the statement she gave to the CBI and she agreed to it.
The prosecutor had to move tactically and he told her in court that a curse would fall on her if she did not speak the truth that can throw light on the crime.
Navas told TNM that all the witnesses who turned hostile had given crucial statements. Sr Annie John, fifth witness and the Superior General of St Joseph’s Congregation, denied that she saw Sr Abhaya's footwear and veil in the kitchen on the day of the murder. She had also testified earlier that she saw the fridge door open and the water bottle lying on the floor.
Though a number of witnesses turned hostile, there were quite a few who remained steadfast and did not change their version despite immense pressure and hostility against them. Their statements, combined with the circumstantial evidence, finally helped the nun’s family get some semblance of justice.
