Dear Dr. Colaco, My comments on the points raised by you. Sorry for the delay.
1) I am a strong believer that the Law should take its own course, and that there should be NO preferential treatment for anyone, even be it an accused priest. Comment: Well said. I hope we all felt that way. 2)However, I am really shocked to learn (from you) that according to the the Goa Children's Act of 2003, it is for the accused to prove that he has NOT committed the alleged crime. Comment: It is a debatable issue. But that's what the Children's Act says. 3) And you, as a lawyer, are comfortable with that? Comment: I feel that there are flaws with many laws. But as an officer of the Court we have to uphold the law and leave it to the legislators to carry out the necessary amendments. 4) I strongly condemn any person who commits any act of Molestation against anybody - especially a child. I equally condemn any lawyer who sits comfortable with an Act which expects an accused to prove a negative. Comment: It is for the legislators to make the necessary amendments. Some of the flaws in the Children's Act were pointed out by the judge himself while disallowing the criminal private complaint against the accused priest Fr. Newton Rodrigues yesterday. 5) BTW: If there indeed is such a Law, dear Sir, that Law is a donkey. Comment: Have to respect your feeling. 6) And, as a pediatrician who also has to deal with the medico-legal aspects of such cases, I express my gravest concerns. Trust me, this type of Act will not only wrongfully condemn innocent individuals, but also let go some very guilty folks. Comment: May be you should convey your valued thoughts to Chief Minister Manohar Parrikar. 7) Now, you also write that you have "neither tried or crucified the priest" but "MERELY religiously updated fellow netters of the progress and developments of the ...case" Comment: That's all I have done 8) May I ask IF: You witnessed the alleged incident? Comment: No. I confirmed the incident with the mother of the victim 9) You know IF this child had a medical examination by a physician who deals with such issues? You know IF any genetic testing was done? Comment: The police would know this. 10) The alleged victim approached you directly or indirectly? Your office or You INITIATED the contact with the the alleged victim or her family? Comment: Yes, I was told about the alleged molestation by the mother of the 13 year old alleged victim. 11) You interviewed the alleged victim? Comment: No. The victim and the mother were extensively interviewed by Mrs. Auda Viegas of the women's NGO, Bailancho Exvott who later also submitted a complaint against the priest to the Director General of Police. 12) You tried to discuss the alleged incident with the accused? Comment: I requested in vain the Co-ordinator of the Parish Council to call a meeting of the Parish Council to discuss this matter thread bare. When we visited the Church we were slapped with a malicious case of trespass by the Parish priest Fr. Newton Rodrigues. 13)You discussed this case with the family? You advised the family or any other entity about this case, in any form, shape or fashion? Comment: When the mother and her 80 year old Aunt visited my office I assured them that I would take up the matter with the Archbishop which I promptly did. 14) You assisted in the filing of any complaints? Comment: No. The initial complaint was filed by the victim and the mother themselves whose detailed statements were recorded by lady police officers. 15) You assisted in the follow up of any complaints with the Police / Courts ? Comment: When the police were found dragging their feet in the matter I have been representing the uncle of the victim Mr. Anthony Frois who has been fighting to protect the interests of the 13 year old girl. 16} BTW 1: I note that you personally met Archbishop Rev. Felipe Neri Ferrao on August 12th, 2004. At his suggestion, you submitted to him a written complaint about the affairs at the Ribandar Church. Would you care to post that complaint (minus any names) to GoaNet?. It might help the ignoramus like me to try ascertain IF there are any collateral issues involved. Comment: Have already posted it on Goanet. 17} Would you also accept that, as you had not received a reply from the Archbishop, it would have been a good idea for you to RE-WRITE to him? Comment: I made sure the letter was not lost. I personally handed it over to the Secretary of the Archbishop and received an acknowledgement. There's no question of re-writing 18) BTW 2: Me not being a lawyer, I remain very concerned at the following from you "(The) Priest against whom the Goa Police have registered an F.I.R for the offence of molestation continues to be just an accused and will remain so UNTIL if and when his trial COMMENCES" Comment: That's the way the law is. 19) Did you perchance mean UNTIL his trial CONCLUDES? Comment: Yes indeed Aires Rodrigues Ribandar
