September 16, 2011

TRUTH HAS PREVAILED. CHURCH IN SHAME.

TRUTH HAS PREVAILED IN 2004 RIBANDAR CHURCH CASE:

Adv. Aires Rodrigues has today stated that the truth had finally prevailed in the 2004 Ribandar Church case but has lamented that theArchbishop of Goa Filipe Neri Ferrao, former Chief Minister Pratapsingh Rane and Father Newton Rodrigues had proved that they wereabove the law by managing not to be present in Court.

Adv. Rodrigues has stated that the then Parish Priest of Ribandar Father Newton Rodrigues had filed this false and fabricated complaint to divert the attention of the public from the issue of the alleged molestation of the Ribandar minor girl in which he was allegedinvolved.

Adv. Rodrigues has stated that certain persons in high positions used this false case as a tool to harass him over the last seven years bygetting the government to even challenge before the Sessions Court andlater in the High Court his earlier acquittal in the same case. Stating that persons in high positions cannot be allowed to use thepolice and Courts to harass their opponents, Adv. Rodrigues hasexpressed anguish that it had taken seven long years for the truth toprevail with over 100 hearings of the case spread over the JMFC,Sessions and the High Court.

Stating that the entire case proceedings was a criminal waste ofjudicial time and public money, Adv. Rodrigues has stated that thecrime Branch had wasted 33 months investigating a case they knew wasfalse and fabricated while the prosecution moved ahead with this malicious prosecution. Pointing out that this was a fit case to now sue Father NewtonRodrigues and the Goa Government for the malicious prosecution, Adv.Rodrigues has however stated that he had decided not to add another case to an already huge back log of cases the Goa Courts are grappling with.

Panaji Judicial Magistrate First Class Mrs. Sarika Faldessai in a 29 page judgment acquitted Adv. Aires Rodrigues and 14 others in the 2004Ribandar Church case. While Adv. Aires Rodrigues and 14 others had been accused of having on16th August 2004 trespassed into the corridor of the Ribandar Churchand disturbed a meeting of the Parish Pastoral Council, JudgeFaldessai in her judgment has stated that the prosecution had notshown that the Ribandar Church was a prohibited area and that therewas any prohibition from entering the church premises.

Judge Faldessai has in her judgment noted that all the three Investigating officers of the case in their cross examination had admitted that there was no need of any permission to enter a church, mosque or temple. Stating that none of the witnesses had supported the case of the prosecution, the Judge has stated there was no evidence produced to establish that a meeting of the Parish Pastoral Council of the Ribandar Church was scheduled to be held on the day of the alleged offence.

Judge Faldessai has in her judgment stated that there was no evidenceto show that Adv. Rodrigues had created any commotion or intimidated anyone at the Church premises. Pointing out the glaring discrepancies in the testimony of prosecution witnesses Mrs. Connie Rosario, Mrs. Cynthia Fernandes and Mrs. Mica D’Souza who were members of the Parish Pastoral Council, Judge Faldessai has stated that their statements become unreliable.

Referring to the manner in which the investigation of the case wascarried out the Judge in her judgment has pointed out that for overtwo years the Investigating officer did no investigation at all exceptdiscuss the case with his Superiors and further took another three months to xeroz copies of the charge sheet. The Judge has stated that from the evidence of the Investigating officers it was clear that there was a delay in the investigation ofthe case and that the reason for the delay was not satisfactory.

Stating that Father Newton Rodrigues had set the criminal law inmotion and that inspite of being summoned he failed to remain presentin court, the Judge in her order has stated that the prosecution hadalso not examined Sister Celia Fernandes who was alleged to have beenintimidated by Adv. Aires Rodrigues. In 2004 Adv. Aires Rodrigues was leading an agitation demanding actionagainst Father Newton Rodrigues for having allegedly molested a 13year old Ribandar girl.

While Adv. Aires Rodrigues and others werecharge sheeted for confronting Father Newton Rodrigues, the case filedagainst Father Newton Rodrigues by the mother of the 13 year old girlwho was allegedly molested was closed after then Governor of Goa Mr.S.C Jamir reportedly intervened to save Father Newton Rodrigues frombeing charge sheeted. Father Newton Rodrigues was later relieved fromthe Archdiocese of Goa and is now the Pastor of St. Bernadette Churchat Calgary in Canada.

This was the second case filed by the police against Adv. AiresRodrigues in connection with the Ribandar Church incident. While thecurrent case was on the complaint filed by Father Newton Rodrigues theearlier charge sheet was on the complaint by the Superior of AjudaConvent Sister Celia Fernandes.

Acquitting Adv. Aires Rodrigues on 9th April 2009 in that case thethen Panaji Judicial Magistrate First Class Mrs. Sharmila Patil had inher judgment stated that the allegations against Adv. Rodrigues seemedto have been manipulated and that he was falsely implicated in thecase. Judge Patil had also held that the possibility of the complaintagainst Adv. Rodrigues having been lodged due to politicalinterference could not be ruled out.

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