MARGAO
Closure of evidence in the Ticketgate case in the wake of the absence of the government prosecutor to prosecute the matter has left the fate of the sensational 2001 fake cricket ticket case hanging in balance.
The prosecution is yet to examine its crucial witnesses which are material in bringing on record the evidence in connection with the infamous case that had rocked the state on April 6, 2001, on the day of the India-Australia One Day International match at the Nehru Stadium, Fatorda.
The Goan understands that around 70-80 witnesses still remain to be examined, including key witnesses, besides documents, including the forensic reports which would shed light whether the tickets recovered by the police were fake or genuine.
That’s not all. The investigation officer has not yet been examined, besides a host of police officers, who were roped in the investigations and had recorded the statements of the witnesses in connection with the case.
Sources in the know informed of the remaining 70-80 witnesses who are yet to be examined, around 25-30 witnesses are crucial witnesses, whose evidence may have a bearing on the fate of the case.
“A number of crucial and key witnesses remain to be examined. A host of documents, including the forensic report which throws list on the tickets, whether they are fake or genuine, needs to be brought on record,” sources informed.
The Judicial Magistrate First Class, Margao, had last week closed the evidence in the case, apparently over the lack of seriousness displayed by the State in prosecuting the case as was evident by the absence of the Public prosecutor representing the case.
While the Special Public Prosecutor, Adv Vinay Borkar has already written to the Law Department to relieve him from the case, the government is yet to take a call on the question whether to replace Adv Borkar with another Special Public Prosecutor or give the brief to the regular Assistant Public Prosecutor to represent the state in the case.
Legal sources informed that the ball now lies in the government’s court on how to go about the matter. “It is now for the government to take a call to move the court with an application to allow the state to examine its remaining witnesses in support of the prosecution case as and when a new public prosecutor is appointed to prosecute the matter on its behalf,” sources said.
At the last date of hearing, the Judicial Magistrate First Class, Margao had closed evidence on the ground that no steps have been taken by the prosecution to prosecute the matter. The matter was later adjourned to May 6 for the purpose of taking the statement of the accused persons under section 313 of the Cr PC.
The JMFC has apparently taken the decision to close the evidence after the Special Public Prosecutor, Adv Vinay Borkar, appeared before the Court and informed that since he has notified the state that he is withdrawing his appearance in the case, he no longer has any instruction from the state and therefore not in a position to take steps in the matter.
The Goan understands that the matter pertaining to the appointment of a SPP or not is pending with the Home department. “We are unaware whether the government will appoint SPP to prosecute the case or will ask the Director of Prosecution to request the regular Assistant PP to prosecute the matter,” sources added.
