MARGAO
The government seemed to have finally decided to appoint a Special Public Prosecutor to represent the State in the Ticketgate, even as the trial court is all set to hear final arguments in the sensational 2001 fake cricket ticket case.
Reliable sources informed that the Home department is believed to have decided to rope in a new special public prosecutor to prosecute the matter before the Trial Court presided over by Judge Carlo Da Silva.
Outgoing Public Prosecutor Adv Vinay Borkar had withdrawn himself as prosecutor around two months ago. City-based lawyer, Adv Pritam Moraes, who was also appointed by the Home department to assist Adv Vinay Borkar in the conduct of the prosecution, had withdrawn himself from the case last year.
Sources further pointed out that the Director of Prosecution is not at all involved in the matter and the Home department, which had roped in the special public prosecutors over a decade ago to prosecute the case, has again decided to appoint a special public prosecutor to conduct the prosecution.
Sources, however, could not point out what exactly will be the brief given by the Home Department to the special public prosecutor against the backdrop of the fact that the court will be hearing the final arguments in the case on July 8.
The special public prosecutor, sources said, has a task cut out for the simple reason that the trial court has closed evidence in the case on grounds that the prosecution had taken no steps to prosecute the matter. At a previous hearing, the Judge had even threatened to dismiss the case due to non-prosecution by the prosecution, even going to the extent of saying the State is not taking serious steps to prosecute the matter.
In fact, after closing the evidence of the prosecution, Trial Judge Carlo Da Silva has fixed the matter for recording of statement of the accused under section 313 of the CrPC. On the last date of hearing, the statement of the accused was not recorded after the Judge observed that there is no material to record the statement of the accused under section 313 of the CrPC.
Questions are now doing the rounds in legal circles about whether the new special public prosecutor will seek permission from the court to bring evidence on record and to examine a couple of crucial witnesses including the investigation officer, which has not been examined by the prosecution.
The prosecution has also not produced on record the forensic reports in respect of the tickets, to prove that the tickets for the 2001 ODI match between India and Australia at the Jawaharlal Nehru Stadium were fake.
“Let us wait and see how the new special public prosecutor goes about the job in the Trial Court. He will certainly come with a brief from the Home Department as and when he is appointed,” sources said.
In this case, former Goa Cricket Association chief Dayanand Narvekar, besides eight others have been charged with various offences under the IPC.
