Justice Minister Andrea Orlando
has sent inspectors to the Ragusa city prosecutor's office after
a man was caught in the act of trying to abduct a 5-year-old
girl off a beach but immediately released, because attempted
kidnapping is a non-custodial offence under Italian law.
It later emerged that the man has been served an expulsion
order by Ragusa authorities, which expires today.
Indian national Ram Lubhaya, 43, on August 17 tried to
abscond with the little girl on a beach near the Sicilian city
while her parents were momentarily distracted.
The parents chased him down, and had to fight with him to
get him to let go of their child.
The man fled, but was arrested an hour later based on
eyewitness descriptions.
Prosecutor Giulia Bisello ordered the man - who has a
criminal record, no residency permit, and currently makes a
living giving henna tattoos on the beach where he also sometimes
spends the night - released without questioning.
Her decision sparked an outcry on social media and a wave
of calls from concerned beachgoers to police emergency services.
So Bisello had the suspect tracked down and rearrested.
However after questioning him for several hours, she
ordered him released again, based on the legal code.
"This law makes me vomit," said the child's mother. "We
were told the suspect did not conclude the crime - we were
supposed to lose sight of him in order to say he kidnapped our
little girl".
The suspect, she said, only stopped "because we tackled
him. He was holding her very tight, with her face almost in his
armpit. We were hoping this person would be deported from Italy
at least".
While prosecutors' decisions can't be challenged, Orlando's
inspectors are tasked with assessing whether there were any
"abnormalities or violations of the law that could be subject to
disciplinary action", the ministry said.
The expulsion order for the suspect was issued August 16
and expires today, judicial sources said.
The Indian already had an expulsion order for previous
crimes including copper theft and drug trafficking.
This order was extended on August 16 because he had not
respected it, authorities said.
According to the order, Lubhaya must leave Italy by today
despite being accused of attempted abduction of a minor.
ALL RIGHTS RESERVED © Copyright ANSA
