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November 27, 1998

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Nanny case involving NRI makes big news in England

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Arthur J Pais in New York

While the infamous nanny Louise Woodward's case continues to engage the attention of the British media, another nanny case in an American court is also making big news in England.

Several mass circulated newspapers in England last week ran extensive stories on 43-year-old Manjit Kaur Basuta, a California nanny, who is charged with the killing of 13-month-old Oliver Smith who was under her care.

Though Basuta is an Indian citizen, she lived in England for several years, has two sisters and a brother over there -- and has traces of an English accent even though she has lived in California with her husband for over eight years.

Oliver Smith died in mid-March. Though the high-flying lawyers engaged by Basuta have argued that it was not her fault that the boy was injured and died soon thereafter, Basuta's former assisant has told the police that she witnessed Basuta shaking up the boy and dashing his head against the floor because he disobeyed her.

Basuta is on a $ 1 million bail, most of the money put up by her Sikh friends and supporters. Initially the prosecutors in San Diego had insisted on a $ 3 million bail, arguing that Basuta could flee either to England or to India.

While the civil trial against Louise Woodward -- the nanny found guilty of killing 18-month-old Mathew Eappen -- is to open in Boston in two months, the FBI and the British police are investigating if Woodward's mother misused part of the over $ 300,000 the Woodward family had received from the public to fight the case

Lawyers for Louise Woodward's Appeal Fund in London this week sought expert advice to ''protect the interests'' of its trustees amid allegations that the former au pair's mother defrauded them with a false bill.

A police investigation has already been launched into the claims, believed to relate to an invoice for more than $ 15,000 which Susan Woodward submitted for accommodation at the home of American lawyer Elaine Whitfield Sharp. Sharp cut away from Louise Woodward many months ago, accusing her and her family of lying. She even told the media that Louise had confessed to her about killing the child in a rage.

A leaked letter from lawyers Quinn Melville and published in London newspapers said the advice of a barrister specialising in trusts is to be sought. The letter said, 'Our role is to investigate this matter thoroughly on behalf of the trustees.

'We wish to gather as much information as we can and then to ask an independent barrister, an expert in the field of trusts, to let us have advice on what steps if any can be taken to protect the interests of the trustees.'

Quinn Melville solicitor Paul Barrow said: ''We are co-operating fully with the police inquiry and we do have recourse to expert advice. It is only proper that the interests of the trustees are protected.''

Doctors Sunil and Deborah Eappen are looking forward to the January trial. They have said they sought the civil action because they say they do not want Woodward to benefit from any media deals. Recently Woodward, who is now a law student at a London university, sought the court's permission to sell her story to a magazine or a newspaper. She said she needed the money to pay her barristers.

Woodward was convicted of second degree murder a year ago, but the verdict was reduced to manslaughter by the trial judge.

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