SENIOR ADVOCATE AMIT DESAI CONFIRMS NON-APPEARANCE IN COURT FOR THE FOUR HEARINGS BILLED.
Mumbai Senior Advocate Amit Desai has virtually conceded that he hadnot appeared before the Bombay High Court at Goa for the four hearingsin the Ryan Fernandes death sentence confirmation case for which hehad billed the Goa Government five lakhs.
In a letter to the Superintendent of Police North Goa, Adv. AmitDesai has however claimed that on those four days he had conferencesin Goa to discuss the case with Adv. Ashwin Bhobe, Public ProsecutorSarojini Sardinha and Investigating officer Mahesh Gaonkar.
Adv Desai has further stated that when he was engaged by thegovernment he had indicated that he would be charging a Rs 1, 25,000as “per day” fee whenever he was required to travel to Goa which wouldinclude the date of his arrival and departure and that he would bealso charging on hourly basis for conferences held at Mumbai.
Adv. Desai in his letter has also stated that the fee of Rs 1, 25,000quoted was a specially reduced fee as the matter was of the governmentand that he had taken the case at the cost of giving up other work.
Responding to the police direction to him to furnish appearancecertificates issued by the High Court for the four hearings, Adv. AmitDesai has stated that there is no process by which the court issues anappearance certificate to an advocate.
Reacting to the letter sent by Adv. Amit Desai, Adv. Aires Rodrigueshas today stated that the appointment order of Adv. Amit Desai veryclearly stated that the fee of Rs 1,25,000 was only per appearance andnot per day as now claimed by Adv. Desai and that no other feeentitlement had been conceded by the State Government.
Adv. Rodrigues has stated that any unofficial understanding that Adv.Amit Desai had with any person or official of the Goa Governmentshould have reflected in the order of his appointment as Adv. Desaicould not claim any fees beyond entitlement as per the Order of theState Government.
Stating that Adv. Amit Desai was also not entitled to any conferencefees, Adv. Rodrigues has stated that the Goa Government had correctlydeclined to pay a bill of Rs 62,500 raised by Adv. Amit Desai whilestating that he was not entitled to bill for conferences held.
Adv. Amit Desai had earlier claimed that he had held a two and halfhour conference at Mumbai on 22nd November 2008 which was attended byPublic Prosecutor Mrs. T.S. Sardinha, Adv. Ashwin Bhobe and Mr. MaheshGaonkar and had sent the Goa Government a bill of Rs 62,500 for thatconference at the rate of Rs 25,000 per hour.
As far as Certificate of appearance, Adv. Rodrigues has stated thatall Government Advocates/Additional Govt Advocates including theAdvocate General, who are paid on appearance basis, are required tosubmit an appearance certificates along with their Bill.
Adv. Rodrigues has stated it was very clear from Adv Desai’s replythat the Goa Government had been cheated by Rs five lakhs by theSenior Mumbai lawyer and that instead of refunding the amount wronglybilled, Adv. Amit Desai was seeking to retain the same, which showsthat his intention was dishonest, right from the start.
Adv. Rodrigues has also expressed dismay that Adv. Amit Desai had nowsought the services of a prominent Goan businessman Mr. DattarajSalgaoncar to do some public relation damage control in the crime hehad committed against the State of Goa.
