The case of the pirated blueberries: courts flex new muscle to protect plant breeders’ intellectual property

Not all blueberries are the same. A variety called Ridley 1111 is at the centre of an important lawsuit for intellectual property and plants.
Shutterstock

David Jefferson, The University of Queensland

A few weeks ago, the Federal Court of Australia ordered a farmer in New South Wales to pay A$290,000 to a blueberry-producing company because he had grown and sold a proprietary variety of the fruit without permission.

At issue in the blueberry case were questions of intellectual property. Who owns the plant varieties that are commercialised in Australia and other countries? Who can grow them? If you are the owner of a particular variety, how can you prove someone else has grown it without your permission, and what can you do about it?

The case is an important one in an area of law that may affect how we develop new varieties of plants. This type of work is important to address challenges such as food security and climate change adaptation.

---

Read more:
Will patenting crops help feed the hungry?

---

Australia’s intellectual property law was changed last February to give courts more options to protect plant breeders’ rights. This case is one of the first to take those revisions into account, which give courts more options to impose sanctions for infringements.

The plant breeders’ rights system works like a patent or trademark for plant varieties: when breeders create a new variety, they can register it and obtain exclusive rights to grow and sell it.

The system is designed to encourage breeders – who may include scientists, companies, or growers themselves – to develop innovative plant varieties. In other words, the possibility of commercial exclusivity functions as a profit incentive.

The case of Ridley 1111

The recent case (Mountain Blue Orchards v. Chellew) was about a blueberry variety named Ridley 1111. It has appealing characteristics for growers and consumers alike: the berries ripen early and have a notable dark blue colour and firmness.

The NSW-based growers Mountain Blue Orchards obtained plant breeders’ rights for Ridley 1111 in September 2010.

This March, Mountain Blue filed a claim before the Federal Court. They alleged that a grower based near Grafton in NSW named Jason Chellew had obtained, grown, and sold Ridley 1111 blueberries without authorisation.

Earlier this month, the Federal Court found in Mountain Blue’s favour. The court ordered Chellew to destroy the infringing plants and pay Mountain Blue A$290,000 in damages. This sum included compensatory damages, additional damages, interest, and litigation costs.

How do you prove someone has pirated your plants?

Establishing infringement for plant varieties is more difficult than for products protected with other kinds of intellectual property.

If someone is using your trademarked brand name, or is selling a widget that you patented, it is relatively straightforward to show infringement by deconstructing these things into their component elements.

In contrast, plants are complex living organisms that change based on human and non-human influences alike.

DNA testing played a role in the Ridley 1111 case, but this alone may not be enough to prove infringement. A protected variety may have only minor genetic differences from other varieties. Likewise, two individual plants of the same variety may have tiny genetic differences due to random mutations.

Furthermore, plant breeders’ rights infringement may occur at a small scale over diffuse areas, making it difficult for rights owners to enforce their rights.

Finally, it is difficult to collect evidence of possible infringement. If plants are grown on private property they can be hard to see, and third parties may be reluctant to help. Rights owners may also be wary of possible adverse business or public image consequences from pursuing a case.

A new kind of damages

Another difficulty in plant breeders’ rights infringement cases relates to the limits of how much impact even a successful case might have.

Until last February, courts could only award damages based on a calculation of the actual loss suffered by the rights owner. It can be difficult to put a number on this loss, which meant that many in the agricultural industry saw plant breeders’ rights infringement as having few practical consequences.

The Ridley 1111 case is a sign that this may be changing, however. It is one of the first the Federal Court has considered since February’s comprehensive amendments to Australian intellectual property law, which now allows judges to award additional damages.

Courts can now consider several factors when setting damages in an infringement case, including how flagrant the infringement is and the need to deter future infringements. This brings plant breeders’ rights into line with other forms of intellectual property law such as patents and trademarks.

The resulting penalties can now be much higher. This could encourage growers to pursue licensing deals with the owners of protected varieties, when in the past they might have risked a lawsuit to save on royalty payments.

However, this assumes growers are aware of the possibility of heightened penalties, and that rights owners can prove that infringement actually occurred.

---

Read more:
To feed the world in 2050 we need to build the plants that evolution didn’t

---

Encouraging innovation

What effect will these changes have on the ground? It is probably too ambitious to argue that these changes alone will lead to increased innovation in plant breeding, as some industry groups have claimed.

The development of new plant varieties involves significant investments of time and other resources. What’s more, breeding often relies on substantial collaborations between the private sector and public or academic research institutions.

So while the possibility of obtaining additional damages in an infringement action may have some effect, other factors will continue to affect the development of new plant varieties.

These include the ongoing need for governmental support of plant breeding initiatives, the development of effective partnerships between the public and private sectors, and an accurate understanding of the kinds of crops that would be best suited to Australia’s climatic and agronomic peculiarities and to the desires of Australian consumers.

David Jefferson, Research Fellow, The University of Queensland

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Up the creek: the $85 million plan to desalinate water for drought relief

Lin Crase, University of South Australia

The deal to crank up Adelaide’s desalination plant to make more water available to farmers in the drought-stricken Murray-Darling Basin makes no sense.

It involves the federal government paying the South Australian government up to A$100 million to produce more water for Adelaide using the little-used desalination plant.

The plant was commissioned in 2007 at the height of the millennium drought. It can produce up to 100 gigalitres of water a year – enough to fill 40,000 olympic sized swimming pools. But has been used sparingly, operating at its minimum mode of
8 gigalitres a year, because of the expense of turning seawater into freshwater.

The Adelaide Desalination Plant.
Vmenkov/Wikimedia, CC BY-SA

Adelaide has continued to mostly draw water from local reservoirs and the River Murray, which on average has supplied about half the city’s water (sometimes much more).

But with federal funding, the desal plant will be turned on full bore. This will free up 100 gigalitres of water from the Murray River allocated to Adelaide for use by farmers upstream in the Murray Darling’s southern basin.

The southern Murray–Darling Basin.
ABARES, CC BY-NC

The federal government expects the water to be used to grow an extra 120,000 tonnes of fodder for livestock. The water will be sold to farmers at a discount rate of A$100 a megalitre. That’s 10 cents per 1,000 litres.

By comparison, the residential price for that water in Adelaide would be A$2.39 to A$3.70 per 1,000 litres.

The production cost of desalinated water is about 95 cents per 1,000 litres when there’s rainwater already stored, according to a cost-benefit study published by the SA Department of Environment and Water in 2016. That means the total cost for the 100 gigalitres will be about A$95 million.

So the federal government is effectively paying A$95 million to sell water for A$10 million: a loss to taxpayers of A$85 million.

The Conversation, CC BY-ND

What do we get for the money?

The discounted water provided to individual farmers will be capped at no more than 25 megalitres. The farmers must agree to not sell the water to others and to use it to grow fodder for livestock.

There are many different forms of fodder but livestock producers most favour lucerne hay because it is highly nutritious. But it is also more expensive than cereal, pasture or straw hay.

The amount of hay that can be grown with a megalitre of irrigation water depends on many things, but 120,000 tonnes with 100 gigalitres is possible in the right conditions.

In the Murray-Darling southern basin lucerne hay currently sells for A$450 to A$600 a tonne. That would make the market value of 120,000 tonnes of lucerne A$54 million to A$72 million.

It means, on a best-case scenario, the federal government will be spending A$85 million to subsidise the production of hay worth A$72 million to its producers.

---

Read more:
Australia’s drought relief package hits the political spot but misses the bigger point

---

The reality of farming

In practice farms and farmers are incredible diverse, so not all irrigators will necessarily grow lucerne. Alternative fodders such as pasture or cereal hay generally have much lower market values. Which meaning the value of the fodder produced may be much less than the best-case scenario.

It’s worrying that this policy shows such little regard for farming realities. It appears to have been crafted on the premise that every farmer has the same land, the same equipment and the same needs.

Dictating the water must be used for a single purpose runs counter to the needs of the agriculture sector. If farmers could put it to a more effective use, why not allow it?

In addition, it’s not clear how all the monitoring will be done to maintain compliance over such a restrictive regime.

What measures will prevent farmers buying the discounted water and then simply selling an equivalent amount of any carry-over allocation at the going rate of up to $1,000 a megalitre?

---

Read more:
Drought and climate change are driving high water prices in the Murray-Darling Basin

---

How will the government distinguish between the fodder grown with the 25 megalitres provided at low cost and any other fodder harvested on the same farm? How much will it cost to monitor and enforce such arrangements?

The difficulty of answering these types of questions is precisely the reason why countries in the former eastern bloc failed to adequately provide for their populations. Telling people what crop to grow, when to grow, how to water the crop and how it should be consumed has not worked in the past. Farm businesses that respond to prices and use inputs, including water, in a way that suits their long- term commercial needs are generally better off.

It seems a long way from the type of national drought policy Australia needs. It’s hard to see how a policy of this kind does anything other than waste a large amount of public money and disrupt important market mechanisms in agriculture in the process.

Lin Crase, Professor of Economics and Head of School, University of South Australia

This article is republished from The Conversation under a Creative Commons license. Read the original article.

U.S. lays charges against al-Qaeda loyalist behind deadly Algerian gas plant attack

USA: Major Explosion Devastates Texan Town of West

A major disaster has occurred in the Texan town of West where a fertiliser plant has exploded, with casualties expected to run into the hundreds, with many dead.

For more visit:
http://www.guardian.co.uk/world/2013/apr/18/texas-explosion-fertiliser-plant-blast

A Terrible Situation in Japan

News has been released from the disaster area in Japan following the earthquake and tsunami that is truly horrible – there are multitudes of bodies unable to be collected from within the exclusion zone around the stricken nuclear power plant.

For more visit:
http://search.japantimes.co.jp/cgi-bin/nn20110401a2.html

Japanese Nuclear Disaster Follows Earthquake Damage

Prison Terms Upheld for Two Christians in Ethiopia

Judge rejects appeal of evangelists said to be falsely accused of offering money, gifts.

NAIROBI, Kenya, September 25 (CDN) — An Ethiopian court on Monday (Sept. 21) threw out an appeal by two evangelists said to be falsely accused of offering money and gifts to people to convert to Christianity, thus upholding their six-month prison sentences.

Temesgen Alemayehu and Tigist Welde Amanuel of Wengel Lealem church in Addis Ababa went to Debiretabor, Amhara state, to plant a church in July. After a week in the area, according to area Christian sources, their proclamation of Christ led several people to confess their sins and receive Him as Savior.

On July 19, however, some passersby began to question the two evangelists, and Christian sources said a heated argument led to a group attack on the two evangelists, wounding Alemayehu. Amanuel sustained minor injuries, the sources said, but managed to escape to a nearby home; the mob followed her into the compound, demanding she be handed over to them.

The homeowners refused, saying they would not cooperate with criminals and would instead hand her over to police. “I would not allow any attack against the woman,” the unidentified owner of the home said, according to one church leader.

Police arrived at the scene of the attack and protected Alemayehu from the violent band, made up of members of the Ethiopian Orthodox Church (EOC), and took him into custody. The attacking group accused Alemayehu and Amanuel of insulting their religion.

Christian sources said a group within the EOC called “Mahibere Kidusan” (“Fellowship of Saints”) had incited members to attack the two evangelists as they were proclaiming Christ on the roadside. The increasingly powerful group’s purpose is to counter all reform movements within the EOC and shield the denomination from outside threats.

In time the EOC attackers fabricated accusations of offering money or gifts to make converts, Christian sources said, but under police questioning Alemayehu and Amanuel said they had only shared their faith to interested people without making such offers. They also tried to explain to police that it was their constitutional right to do so.

Police, however, submitted the attackers’ false statements to the district prosecutor, Christian sources said.

False Testimony

On July 22, Alemayehu and Amanuel appeared at district court in Debiretabor to hear charges against them. A charge sheet claimed that they were caught offering money and gifts to people to change their religion, and Christian sources said witnesses falsely testified to that effect.

The next day, the court delivered a guilty verdict. Alemayehu stated that his only sin was telling of his faith in Christ to interested persons, and that he had a constitutional right to do so. The judge sentenced him and Amanuel to six months of prison.

Police immediately transferred both Christians to Debiretabor prison.

“There is an open conspiracy between judges, police and prison officers,” the church leader said. “Police speeded up the investigation and brought it to the district prosecutor’s attention within a day. Witnesses were organized to falsely testify at court. The judges passed the sentence refusing the right to defense.”

Debiretabor is the seat for south Gondar Zone administration in Amhara state. As in the rest of Amhara, Debiretabor’s population is predominantly EOC with hostile attitudes towards evangelicals, Christian sources said. They added that churches already operating in Debiretabor and surrounding areas meet with continued EOC resistance.

In some cases, the sources said, EOC priests have urged attacks against Christians, and government authorities influenced by Mahibere Kidusan have infringed on Christians’ rights. It was unknown if the judge and police officers in Alemayehu and Amanuel’s case were under the influence of Mahibere Kidusan, but the local church leader said there were signs of bias in the case.

“Prison officials are handling both believers with harsh treatments, and after all these, no one is questioned for either the process or its result,” the church leader said. “We are waiting for God’s intervention on all this.”

In the rejection of the appeal, the high court judge said that he found “no mistake of law interpretation” to change the verdict of the lower court, a Christian source said.

“That means now the two believers have to serve the six-month sentence unless they appeal and achieve something at the regional State Supreme Court,” he said. “We heard that the two are thinking of appealing at the regional State Supreme Court in Bahirdar soon.”

Amanuel is assigned to a cell where criminals including serial killers are serving their terms, a source said, and they have threatened her. Both she and Alemayehu continue to share their faith in Christ with other inmates, in spite of insults from the prisoners.

Church leaders in Debiretabor said they brought the case to the attention of the regional state vice president, and that he sent his representative to visit Alemayehu and Amanuel in prison. The representative discussed the situation with the district court and with police. Sources said the visits, however, only exacerbated conditions for the two Christians by upsetting prison officers.

Starting on Aug. 26, prison officials forbade visits to Amanuel and Alemayehu for at least 15 days. They also stopped food from being brought them, a common practice among all prisoners whose relatives are able to help them.

“I went on Aug. 20 to meet them in prison, but officers at the gate told me that they have an order to stop any visitor,” the church leader in Debiretabor said. “I think our report to the regional authorities made some contribution to this decision.”

Report from Compass Direct News 

NEPAL: CHRISTIANS INCREASINGLY VULNERABLE IN SECULAR STATE

As law and order breaks down, Christians come under attack.

KATHMANDU, Nepal, July 30

(Compass Direct News) – Three years after a pro-democracy movement led to the proclamation of Nepal as a secular state, some Christians say they are in greater peril than ever.

They are now being targeted by militant Hindu organizations that blame the church for the abolition of Hinduism as the state religion and the end of monarchy. A little-known, shadowy organization that claimed to be building an army of suicide bombers has achieved notoriety with two brutal attacks on Catholics in two years.

Since May, when the Nepal Defense Army (NDA) – which claims to have links with militant Hindu organizations across the border in India – struck one of Kathmandu valley’s oldest and biggest churches, the group has threatened to drive all Christians from the country. And now a group claiming to be the parent organization of the NDA has warned that on Aug. 10 it will start a “Save the Hindu nation” movement.

Police say Ram Prasad Mainali, the elusive NDA chief, hired a local woman to plant a bomb at the Assumption Church on May 23 during mass. Two women and a schoolgirl were killed in the attack. The NDA also claimed responsibility for killing a Catholic priest, John Prakash Moyalan, in southern Nepal last year.

Though police have issued an alert for his arrest, Mainali continues to evade capture, and it is murmured that he has political connections. Undeterred by the hunt, he continues to threaten the Christian community.

Last month, the Rev. Pius Perumana, a senior Catholic priest, received a phone call.

“The caller said he was in charge of the NDA in Kathmandu valley,” said Perumana of Ishalaya Catholic Church, located in Godavari on the southern rim of the capital. “However, I recognized the voice. It was Ram Prasad Mainali himself.”

Godavari is an important Catholic hub that includes a Catholic pastoral center, a shelter for destitute, HIV-infected women and homeless children, a day care center and a small clinic.

Perumana said he has received at least five threatening calls from the Hindu supremist ordering him to close all Christian organizations and leave Nepal, he said. The NDA leader has also been calling Protestant pastors, demanding money. In districts outside Kathmandu, where security is weak, some pastors are said to have paid up out of fear.

Mainali’s success has spawned at least one copycat extortion attempt.

“At least one pastor in Kathmandu has received an extortion letter,” said Chirendra Satyal, spokesman of the Assumption Church. “The writer claimed to be the vice-president of a Hindu group, the National Defence Party (NDP), calling it the mother organization of which Mainali’s NDA was the military arm. The pastor was asked to pay 7.5 million Nepalese rupees [US$98,190].”

The letter warned that starting on Aug. 10, the underground organization will start a “Save the Hindu nation” movement.

No Christian Corpses

Until three years ago, Nepal used to be the only Hindu kingdom in the world where Christians faced discrimination by the state, ostracization by society and imprisonment if found guilty of preaching Christ.

Things officially changed in 2006 after a pro-democracy movement led to the ouster of the army-backed regime of Hindu King Gyanendra, and Parliament proclaimed the Himalayan kingdom a secular, federal state.

But three years later, nothing has changed in reality, said the Rev. Nayaran Sharma, bishop of the Protestant Believers’ Church.

“We bought a plot of land in a forest in Gorkha district in western Nepal so that we could have an official graveyard,” Sharma told Compass. “But when the locals heard of it, they made us return the land, saying they did not want corpses in their midst as they would attract evil.”

Even three years after Nepal became secular, Christians have to be buried clandestinely on private property with the danger of graves being dug up, he said.

“Churches have not yet been registered by the government, and so we don’t get state assistance like the Hindu temples and Muslim mosques do,” Sharma said. “Temples are provided free land, electricity and water; the madrassas – the Muslim schools – receive state funding, and the government subsidizes the annual Muslim pilgrimage to Mecca.”

Christians make up about 2.5 percent of Nepal’s 25 million population. Nearly 75 percent of the population in Nepal is Hindu.

Christians are said to be both angered and disheartened by the new, 601-member constituent assembly mandated to draft a new constitution by May 2010.

“There’s not one Christian among the 601, though the government had the power to nominate members from unrepresented communities,” Sharma said. “Though Christianity has been in Nepal for almost 350 years, Christians are still like orphans. There is no one to speak for us, and we are discriminated against beyond imagination.”

Soft Targets

Political instability and the subsequent lawlessness and impunity leave Christians vulnerable to violence, as Sanjay Ekka, a Catholic priest from India’s impoverished Jharkhand state, learned on Monday (July 27).

Ekka came to Nepal in 2000 to teach at St. Xavier’s School, a Jesuit-run school in eastern Jhapa district. Five years ago, he was brought to the capital city of Kathmandu to run the Loyola Students’ Home, a hostel for boys from the Tamang community of Nepal, who, like Ekka’s own tribe, the Oraons, are among the poorest, least educated and most oppressed groups in Nepal.

Despite the similarities of the two tribes, the 40-year-old Ekka was subjected to a savage attack on Monday (July 27) by an expelled student that left his left arm severely slashed and deep gashes on his hip.

“It’s another sign of the growing lawlessness in the country,” says the Rev. Lawrence Maniyar, former principal of St. Xavier’s School in Kathmandu valley, which was founded in 1951. “With crimes soaring, Christians are being targeted as they are seen as soft targets.”

Another factor endangering Christians in Nepal is the tension in the nascent republic’s relations with its southern neighbor and largest trading partner, India. As the smaller neighbour, Nepal has lived in fear of being annexed since 1975, when the kingdom of Sikkim decided to abrogate monarchy and become part of India after a controversial referendum.

Tensions worsened in 1989, when India imposed a virtual blockade of Nepal, hitting the fragile economy of the land-locked kingdom. A substantial number of Christian priests in Nepal are from India.

“The heads of three Catholic organizations have been asked to leave Nepal,” said Bishop Anthony Sharma. They are the Rev. Boniface Tigga, principal of St. Xavier’s School in Kathmandu valley, the principal of St. Mary’s Higher Secondary School, identified only as Sister Nancy, and Sister Teresa Mandassery, who heads the Navjyoti Day Care Center for the mentally challenged in Kathmandu. All three are from India.

“Now the animosity is out in the open,” said Maniyar of St Xavier’s in Kathmandu valley. “There has been growing union trouble in St. Xavier’s School. While we were holding talks with the union representatives, they told us to our face, ‘You priests from Kerala [in southern India] think you can run the school the way you want.”

Maniyar said it is useless trying to explain reality to such people.

“We are in Nepal not because we are Indians,” he says. “We are here because we are Jesuits. It is an international organization with an administrative structure of its own, and we have to follow our superiors and go where ever they want us to.”

Report from Compass Direct News 

Hindu radicals threaten persecution; Christians start radio program

Hindu extremists in Nepal have threatened to use 1 million bombs against Christians in the country unless they stop sharing the Gospel and leave, Compass Direct reports.

The Nepal Defense Army’s statement, released shortly after the bombing of Nepal’s largest Roman Catholic church, gave “Nepal’s 1 million Christians a month’s time to stop their activities and leave the country,” reports MNN.

Most recent estimates by Voice of the Martyrs indicate that the number of Christians in the country may be closer to 500,000, or 1.89 percent of the population. These Christians are excited about significant movement toward democracy and more religious freedom in the last few years.

Ty Stakes with HCJB Global visited Nepal a month ago and said the Christians are standing firm.

“They’re very grateful for all that God has done over recent years to bring about a climate where there is a real push forward for freedom, where there is some religious liberty in the country,” he said. “So I don’t think anybody there is going to give up very easily. These are people who have been tried and tested and have learned to keep walking forward. God is doing some really big some stuff in Nepal, and the church is growing. People are really attracted to the Gospel.”

Christians in Nepal are establishing FM radio stations in two different towns — one near Kathmandu, the nation’s capital; and the other in a town in the center of the country. The idea for the stations was born around the year 2006 when the government began allowing private operation of radio stations.

“God had given some of our partners vision to do radio in the country, and they understood in their own hearts how great an impact could be made through it,” Stakes said.

Currently, the stations are test broadcasting for three hours a day. The community is already responding.

“I’m getting reports now from Nepal that folks are responding, that folks are saying ‘Hey, we’re interested in the new station; we want to know more about what you’re doing,'” Stakes related.

Christians will not be able to evangelize overtly on the air, but they will use the stations to plant churches.

“The climate in the area is such that you can’t be extremely bold and direct on the radio. You have to be wise,” Stakes said. “So most of our partners…are really church planters who are using radio as a way to create in the community an identity and to present a mechanism where they can serve the community.”

The stations air Christian music, secular music, and community service programming. The goal is to challenge and impact the community’s perception of Christians, presenting “an identity that shows perhaps that what you’ve heard about Christianity is not true. Maybe these Christians do care about people, and maybe they really do have something relevant to say,” Stakes explained.

Evangelism occurs off the airwaves, when people in churches and in church-planting follow up with those who respond to the radio broadcasts. Stakes asked for prayer as Nepalese Christians fine-tune the new radio stations.

“You can pray…that God would give these folks real wisdom in how to fine-tune their strategy in establishing their identity in the community,” Stakes said. “It’s a real delicate balance that they need to strike, and they need real wisdom from the Lord in order to effectively speak to the community and present their identity so that people will be attracted to the message of the cross.”

Report from the Christian Telegraph

NEPAL: CHRISTIANS LITTLE CONSOLED BY ARREST IN CHURCH BOMBING

Militant group threatens more attacks unless non-Hindus leave country within month. 

KATHMANDU, Nepal, June 2 (Compass Direct News) – Vikash and Deepa Patrick had been married for nearly four months before the young couple living in Patna in eastern India managed to go on their honeymoon here. The decision to come to Nepal for four days of fun and sight-seeing would be a choice the groom will rue the rest of his life.

Vikash Patrick’s 19-year-old bride died while praying at the Assumption Church in Kathmandu valley’s Lalitpur district, the largest Catholic church in Nepal, in an anti-Christian bombing on May 23, the day they were to return home. Claiming responsibility for the violence was the Nepal Defense Army (NDA), a group wishing to restore Hinduism as the official religion of Nepal.

Patrick and two of his cousins also were injured in the explosion that ripped through the church, where nearly 400 people had turned up for a morning service.

A dazed Sun Bahadur Tamang, a 51-year-old Nepali Christian who had also gone to the church that day with his wife and daughter, pieced together the incident while awaiting treatment in a private hospital.

“We were in the prayer hall when a woman who looked to be in her 30s came and sat down next to my wife,” Tamang told Compass. “Then she got up and asked us where the toilet was. We said it was near the entrance, and she left, leaving her blue handbag behind. A little later, there was a stunning bang, and I fell on my daughter. People screamed, there was a stampede, and I couldn’t find my wife. I also realized I had lost my hearing.”

Deepa Patrick and a 15-year-old schoolgirl, Celeste Joseph, died in the explosion while 14 others, mostly women and teenagers, were injured. Another woman, Celeste’s mother Buddha Laxmi Joseph, died of a hemorrhage yesterday.

In the church hall, police found remains of the handbag as well as a pressure cooker. From 1996 to 2006, when Nepal’s underground Maoist party fought a guerrilla war against the state to overthrow monarchy and transform the world’s only Hindu kingdom into a secular republic, pressure cookers became deadly weapons in guerrilla hands. Packed with batteries, a detonator, explosives and iron nails, pressure cookers became lethal home-made bombs.

Also found scattered in the hall and outside the church were hundreds of green leaflets by an organization that until two years ago no one knew existed. Signed in the name of Ram Prasad Mainali, a 38-year-old Hindu extremist from eastern Nepal, the leaflets claimed the attack to be the handiwork of the NDA.

“A day after the explosion, a man called me up, saying he was the vice-president of the NDA,” said Bishop Narayan Sharma of the Protestant Believers’ Church in Nepal. “Though he was polite and expressed regret for the death of innocent people, he said his organization wanted the restoration of Hinduism as the state religion.”

Soon after the phone call, the NDA sent a fresh statement to Nepal’s media organizations with a distinctly militant tone. In the statement, the NDA gave “Nepal’s 1 million Christians a month’s time to stop their activities and leave the country” or else it would plant a million bombs in churches across the country.

“There is fear in the Christian community,” said Chirendra Satyal, spokesman for the Assumption Church. “Now we have police guarding our church, and its gates are closed. People coming in are asked to open their bags for security checks. It’s unheard of in the house of God.”

Suspect Arrested

An unexpected development occurred today as last rites were performed at the church on Joseph, the mother of the 15-year-old girl who also died in the explosion.

“At around 3 a.m. Tuesday, we arrested the woman who planted the bomb in the church,” Deputy Inspector-General of Police Kuber Rana told Compass.

Rana, who was part of a three-member police team formed to investigate the attack, identified the woman as a 27-year-old Nepalese, Sita Shrestha nee Thapa. Thapa allegedly confessed to police that she was a member of an obscure group, Hindu Rashtra Bachao Samiti (The Society to Save the Hindu Nation), and had planted the bomb inspired by the NDA.

The NDA made a small splash in 2007, a year after Nepal’s last king, Gyanendra Bir Bikram Shah, who had tried to seize absolute power with the help of the army, was forced to step down after nationwide protests. The cornered king had to reinstate a parliament that had been dissolved several years ago, and the resurrected house promptly decided to end his pretensions as the incarnation of a Hindu god by declaring Nepal to be a secular country.

Soon after that, a man walked into the office of a Nepalese weekly in Kathmandu and claimed to have formed the NDA, a group of former army soldiers, policemen and victims of the Maoists. Its aim was to build up an underground army that would wage a Hindu “jihad.” The man, who called himself Parivartan – meaning change – also claimed the NDA was nurturing suicide bombers.

According to police, Parivartan is the name assumed by a 38-year-old man from Morang district in eastern Nepal – Ram Prasad Mainali. The NDA began to acquire a reputation after it set off a bomb in 2007 at the Kathmandu office of the Maoists, who had laid down arms and returned to mainstream politics. In 2008, it stepped up its pro-Hindu war, bombing two mosques in southern Nepal and killing two Muslims at prayer.

It also targeted a church in the east, a newspaper office and the interim Parliament on the day the latter officially announced Nepal a secular republic.

Though police began a half-hearted hunt for Mainali, the NDA struck again last July, killing a 62-year-old Catholic priest, the Rev. John Prakash, who was also the principal of the Don Bosco School run in Sirsiya town in southern Nepal by the Salesian fathers.

“Extortion and intimidation are the two prime motives of the NDA,” said a Catholic church official who requested anonymity for security reasons. “Father Prakash had withdrawn a large sum of money to pay salaries as well as for some ongoing construction. Someone in the bank must have informed the NDA. It has good contacts, it knows who we are and our phone numbers.”

Small churches in southern and eastern Nepal, which are often congregations of 40-50 people who worship in rented rooms, have been terrified by threats and demands for money, said representatives of the Christian community. Some congregations have reportedly paid extortion sums to avert attacks from the NDA.

“Though the NDA does not seem to have a well chalked-out strategy, its activities indicate it receives support from militant Hindu outfits in India,” said Bishop Sharma of the Protestant Believers’ Church. “It has been mostly active in the south and east, in areas close to the Indian border. Bellicose Hindu groups from north India are likely to support their quest for a Hindu Nepal.”

While Thapa has been charged with murder, Rana said police are also hunting for NDA chief Mainali. And the arrest of Thapa has not lightened the gloom of the Christian community nor lessened its fears.

“There have been instances galore of police arresting innocent people and forcing them to confess,” said Bishop Sharma. “Look at the case of Manja Tamang.”

Tamang, a Believers’ Church pastor, was released this week after serving nine years in prison for murder that his co-religionists say he did not commit. Tamang staunchly protests his innocence with his church standing solidly behind him, saying he was framed.

Report from Compass Direct News