MARGAO: Former Minister Mickky Pacheco and Colva resident Mathew Diniz will have to stand for trial in the Majorda casino case as the Judicial Magistrate First Class, Margao Ashwini Khandolkar has ordered framing of charges against the duo in the case.
While the Mickky-Mathew were discharged by the JMFC, Margao in the Majorda casino case in respect of the complaint lodged by Capt Gerard Fernadnes in 2015, the duo’s application for discharge in a similar but different on a complaint filed by Ashok Kumar Rao did not find favour with the court.
When Judge Ashwini Khandolkar pronounced the order in the Court on Tuesday noon, Mickky was conspicuous by his absence since he was out of the country. Mathew Diniz and his lawyer, Adv Vivek Naik were presence in the court when Judge Khandolkar ordered framing of charges against the duo.
Adv Vivek representing Mathew later told the media that they will prefer an appeal in the Sessions Court against the order of the JMFC.
Assistant Public Prosecutor, Colman Rodrigues informed that the Court has ordered framing of charges against Mickky and Mathew under section 141, 142, 143, 448, 384, 506 read with 149 of the IPC.
Mickky, in particular, had called for rejection of the application for framing of charge against him on the plea that no person can be prosecuted or punished or tried for the offense twice.
Assistant Public Prosecutor Colman Rodrigues, however, had countered the argument saying there were two distinct complaints against both Mickky and Mathew lodged on two different dates by two different complainants.
APP Colman had further argued that both Mickky and Mathew were discharged on December 7, 2015 on technical grounds and not on merits as the offense were non congnizable in nature and the IO had filed the charge sheet without sanction of the Magistrate as mandated under section 155 of Cr P C. “The present case is distinct and is no way related to the previous case. The facts in the present case are different as the complainant Kumar Rao has filed the complaint against the accused on June 9, 2009 with regard to a different incident which occurred on May 30-31, 2009”, Colman had argued.
Gist of Complaint lodged by Ashok Kumar Rao.
A retired Indian Air Force Junior Commissioned Officer in the rank of Junior Warrant officer employed as Officer, Facilites and Security, Ashok Kumar Rao stated that Mathew and Mickky Pacheco, accompanied by 10 persons entered the casino without purchasing any tickets. “Some of the 10 persons were the same who had come on the previous night. Mathew and Mickky started to play at one of the roulette tables, while the other persons were hanging around the place,” the complaint stated.
The complaint further stated that during the time they were playing at the roulette table, Mickky placed a plastic bag said to contain currency notes. When he was told that he cannot bet with currency notes unless they were exchanged into casino chips, he refused to listen and demanded that they accept the currency as a bet. He intimidated the dealers to spin the roulette which was done under duress.
Pacheco claimed that he had won and forced the dealers to pay him an amount of Rs 3.69 lakhs. Being under fear and threats, the dealers paid him the amount demanded. Immediately on receiving the money, the entire party left the casino clapping and celebrating their victory.
