Majorda casino case
MARGAO
After the former minister had prayed to the court for discharge in the Majorda casino gambling case at the last date of hearing, the prosecution has on Tuesday pressed for the framing of charges against Mickky Pacheco in the case.
While the former minister had insisted that he and co-accused Mathew Diniz have already been discharged in the Majorda casino case in the year 2015, Assistant Public Prosecutor Coleman Rodrigues submitted before Judicial Magistrate First Class, Margao, Ashwini Khandolkar that the facts in the instant case are different as the complainant Kumar Rao had filed in the complaint against the accused on June 9, 2009 with regard to a different incident which occurred on May 30, 2009 and May 31, 2009.
APP Coleman further submitted that accused Mickky and Mathew were discharged on December 27, 2012 on technical grounds and not on merits wherein the Court had discussed that the accused had to be discharged as the offences involved were non-cognizable and the IO had filed the chargesheet without the sanction of the Magistrate as mandate under Section 155 of the CrPC. “The present case is distinct and in no way related to the previous case,” APP Coleman said, while stating that the two cases are different as the first case was filed on June 8, 2009 with regard to an incident which occurred on May 29, 2009 filed by one Capt Gerald Fernandes stating facts which are not same or similar to the present case.
The prosecution further stated that the accused persons on the intervening night from May 30 to May 31 allegedly committed house trespass by entering the casino without purchasing the tickets and by putting the persons managing the casino in fear and extorting money and also threatened the persons with dire consequences.
“The discharge application, which is filed by Mickky is without any merits, deserves to be dismissed with costs. Since there is sufficient evidence on record to connect the accused with the commission of the crime, the Court may go ahead and frame the charge against the accused,” APP Coleman argued.
The Judge has fixed the case for further arguments later this month after Mickky’s lawyer, Adv Srikant Nayak sought time to argue in the matter.
