Nadia's dying declaration appears doubtful: HCTNN, Jun 26, 2010, 04.42am IST
PANAJI: The high court of Bombay at Goa while rejecting the anticipatory
bail application of former tourism minister Francisco “Mickky" Pacheco on
June 21 observed that “prima facie there is material on record to show a
very close relationship between Pacheco and Nadia Torrado".
Justice A S Oka also observed, “The deceased was already married. There is
some material on record to show that the deceased travelled by air as a
spouse of the tourism minister, which was the post held by the applicant."
The court noted that as per material collected during investigations there
was conversation between Nadia from her cellphone and Mickky’s cellphones
from May 13 to May 15. “The prosecution claims that the scientific analysis
of the details of the cellphone of the applicant shows that the applicant
was present in the house of the deceased on the night of May 14, 2010," the
court observed. Considering the investigation record submitted by the public
prosecutor, the court stated that it is found that the applicant was all
along present at the Appollo-Victor Hospital at Margao, Jupiter Hospital,
Thane and Appollo Hospital, Chennai.
“The investigation reveals that though there is no specific material on
record to show that on May 16, 2010, when the alleged dying declaration of
the deceased was recorded he was in the premises of Jupiter Hospital, but
there is material to show that he was nearby the hospital (sic)," the court
said. Referring to the documents submitted by the prosecution, the court
further stated that the record shows that when the deceased was admitted to
Apollo Victor Hospital at Margao, the case history notes only the
consumption of Ratol.
However, the case history recorded by the Jupiter Hospital at Thane on the
same day also notes the consumption of 0.25 mg tablets of Restyl. It was
recorded that there was a consumption of 20 tablets by the deceased on the
evening of May 14, 2010, the court noted.
“It is pertinent to note that the socalled dying declaration records that
the deceased consumed Ratol by mistake on the morning of May 15, 2010.
Surprisingly, the deceased was shifted to Apollo Victor Hospital in Goa in
the afternoon after 3pm. At that time the applicant was present. Therefore,
the case of accidental consumption of Ratol in the so-called dying
declaration of the deceased appears to be doubtful," the court remarked.
While holding that the custodial interrogation of the applicant was
required, the court opined that considering the manner in which the incident
occurred, the offence appears to be of a very serious nature.
The court also made it clear that its observations were only for the purpose
of deciding the bail application and should not be construed as any finding
recorded by the court.
Crime branch to submit report on Margao ‘notary’TNN, Jun 26, 2010, 04.49am
IST
PANAJI: The crime branch will be sending a report to the authorities
seeking action against advocate Joey Rodrigues, of Margao for attesting
former tourism minister Francisco ‘Mickky’ Pacheco’s affidavit to be
presented in the high court office while seeking anticipatory bail, despite
his certificate of practice as a notary expiring in 2009.
“We are in the process of submitting a report to the state registrar and
head of notary services asking for necessary action against Rodrigues," said
police sources.
The high court of Bombay at Goa while hearing Pacheco’s anticipatory bail
application noted that the application made by the applicant has been
affirmed before a notary public and there is an affidavit filed by the
investigating officer stating that the registration of the said notary was
renewed only up to October 2009 and, thereafter, the same has not been
renewed.
“However, it is not necessary to deal with this aspect in the present
application which is being decided on merits. The same will have to be dealt
with in appropriate proceedings", the court observed.
Advocate Rodrigues’ certificate of practice as a notary had expired on
October 10, 2009, and he had applied for its renewal on November 6, 2009, to
the state registrar and head of notary services. The state registrar
forwarded the application to the law department where it is currently
pending.
Section 9 of the Notaries Act mandates that no person shall practice as a
notary unless he holds a valid certificate of practice issued to him.
Besides, Section 12 of the Act further states that any person who falsely
represents as a notary without having a valid licence shall be punishable
with imprisonment for a term which may extend to three months, or with fine,
or with both.
Pacheco, to avoid appearing in person in the high court office to file an
anticipatory bail application, had sent the applications with his lawyer,
accompanied by an affidavit sworn before Rodrigues in Margao.
http://timesofindia.indiatimes.com/City/Goa/articlelist/3012535.cms
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