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Pacheco: Convicted but free

Court gives Mickky a schoolboy verdict and an admonishment “ ‘Don’t do it again’

Pacheco: Convicted but free

It is a packed courtroom, a day after his 12-12-12 birthdaybash. A visibly tired Mickky Pacheco, Man Friday Lyndon Monteiro and wife Violaenter the Additional Sessions Judge’s Fast Track Court at Margao. Sporting aspotless white pair khadi trousers with his shirt out, Mickky has taken buddyManohar Parrikar’s advice. Parrikar had told him that he looked better in themthan a suit at his birthday celebrations. Standing in front of AdditionalSession Judge Vijaya Pol, the Nuvem MLA had his fingers crossed in a prayer.Minutes later, the man walked to a ‘convicted but free’ judgment with areprimand ‘don’t do it again’.

There is something about Mickky. He is gets embroiled in theseverest of crimes, his reputation gets publicly flogged, he is written of.Almost. Till he bounces back. The bad boy of Goa’s politics has bounced backagain as a comeback kid. Legally clear, politically sound.

“In this appeal of ours the court reduced the sentence fromSection 353 of IPC, which is assault or criminal force to deter a publicservant from discharge of his duty to Section 323  - Punishment for voluntarily causing simplehurt since the said accused has no prior conviction,” explains Mickky’s defencecounsel Amit Palyekar. Palyekar pointed out that at the time of final argumentsbefore sentence, he pleaded to the court for an ‘under section 6 of theprobation of the offender act’ to be applied for not sentencing Mickky toimprisonment, for which the accused is willing to pay the fine if need be.

Minutes later, Mickky’s furrowed eyebrows eased and thestony expression broke into one of relief and peace as the judge pronounced ajudgment under Section 3 of the Probation of the Offender Act, wherein Mickkyhas been released on admonition which means pardon of imprisonment or any kindof fine.

“Since Mickky has been admonished and is free, technicallyhe is convicted and his fingerprints will be recorded as a convict. But he is afree man and should not challenge this order in the High Court. The judgmentcannot be criticised as it is given by the judge in her wisdom,” stated notedcriminal lawyer Alban Viegas. A gentle but valuable legal advice for the boyfrom Betalbatim who always ends up courting the law on the wrong side. Otherslook at the verdict as time to grow stronger politically.

Meanwhile one of Mickky’s lawyers pointed out that thematter was bungled up when represented by the prosecutor Srikant Naik, whereinhe did not bring in Nelly Rodrigues for cross examination, who was present in theroom and had clarified that the assault did not take place.

A smiling Mickky was seen walking out of the court statingthat he always had full faith in the Indian judiciary system. “From what I seenow, my political career has a long way to go and I see many more years ofpolitics. I have pronounced free in this case, and I am happy,” stated Mickky,reborn a day after his forty eighth day. So is the celebration going to end inin a plump portfolio in the cabinet? “That is for the birthday boy ManoharParrikar to decide and not us,” says Lyndon as the trio walk out of theSessions Court.

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Operation strip & sell the Princess

HC petition by activists establishes that govt slept while scavengers stole scrap from MV River Princess

Basuri Desai I The Goan
Published Dec 15, 2012, 6:32 AM IST
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Did Goa government enable the theft of thousands of tons ofRiver Princess? Seems so. A Writ petition filed in High Court of Bombay at Panjimreveals how the State government did not act despite being made aware of thefact that scavengers were stealing scrap from M V River Princess. This loss was informed to Calangute police in December 2010,but the police filed an FIR in 2010 against original owner of the RiverPrincess and others only after JMFC Mapusa directed it to do…

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