[1] Freddy Fernandes <[EMAIL PROTECTED]>: It is true that a person is not guilty until proved guilty, but for that the accused must surrender to the Authorities, and let the Law take it's course. Why is he hiding if he is not guilty ?
[2] Anthony Pereira <[EMAIL PROTECTED]> wrote: You are absolutely spot on. Is'nt it ridiculous that the parents are not aware of the whereabouts of their own son? Can anybody believe this? Are'nt they telling lies. How can this family be trusted in any case. [3] Anthony Pereira <[EMAIL PROTECTED]> also wrote:What right does Churchill have to comment on the character of the minor girl. [4] Avelino D'Souza <[EMAIL PROTECTED]> fwd the following from PTI: (a) Rohit (Monseratte) 21, was booked for rape, outraging modesty, abetting crime and sending lewd messages to the 14-year-old girl. Her mother had lodged a police complaint. (b) the girl is unwilling to depose before the police or get herself medically examined. (c) Monserratte, who has been charged with abetting the crime as his cellphone was used by Rohit to allegedly send lewd messages, has refuted the charges against his son. (d) The case had triggered a political row with some ministers and legislators demanding a change in leadership in the Congress-led government formed last year. == jc's view: There are very few professionals that one can trust. Accordingly, it is a no-brainer for a professional (i.e. doctor, lawyer, plumber, mechanic etc) to realise that IF he is honest, he will NOT have to find devious means to earn a living. This is a practical point quite separate and apart from the ethical considerations relating to professions and professionals. Allow me to state this upfront: Aires Rodrigues has disappointed many of his admirers and friends (me included) by his conduct as a lawyer, and (IMHO) tried to use his legal position to further his political agenda. This is quite separate and apart from the other matters. But, let's not resurrect the ghosts of the recent past and just stick to the "case" at hand. Allow me also to state that I (personally) have zero respect for any professional person who allows himself to be used as a political pawn. Six stipulations: (1) The attack on Aires and Prajal can only be described as despicable and criminal. Those who perpetrated this act (and their mentors) should face the full force of the law. (2) We ALL should hope and pray that both Aires and Prajal recover fully from this attack - both physically and emotionally. (3) We ALL should avoid getting emotional about matters which might benefit from calm reasoning and thought. (4) Politics is also involved in the overt reaction to this incident.(5) NOBODY including and especially Churchill Alemao has the right to comment on the character of the minor girl involved. (6) Politicians will say anything that is politically expedient for them to say. Now to the key characters in this case: [A] ROHIT: is 21 years old. He is an adult. It IS NOT ridiculous for his parents NOT to know where he is. Even IF they know where he is, the parents have NO Obligation to give that information to the police. As long as the parents are NOT assisting in the "hiding" of the young adult man, they are NOT liable for anything. Anybody can be charged for any crime including rape. How will that charge be proved in court without evidence? The only way for this charge to be proved is to have DNA examination of specimens available from the young lady in question OR her clothing. The DNA from clothing option is still available - unless the clothes have been dry-cleaned. Otherwise, the only charge which can be proved at this time (if the evidence exists) is the bit about sending lewd messages to the young lady. WHY would anybody hide? here are some possibilities 1: Guilty 2: Not Guilty but already tried and convicted BY AIRES RODRIGUES in the press. Please review his statements as reported. 3: No trust in the legal system prevalent in Goa. [B] The YOUNG LADY in question: While the alleged crime has to be prosecuted according to Indian law, I cannot see it going forward without evidence ...specifically ....DNA evidence. I also understand the young lady's reluctance to be subjected to vaginal examination by whoever. Her case will be absolutely strenghtened by the DNA evidence. IF she has DNA from bodily secretions from Rohit, he is sunk. I submit that she does NOT then have to undergo any medical exam (which could be nornal or abnormal) nor have to be cross-examined to verify if this "act" was consensual. Her age precludes her from giving consent to sexual activity (at least in India and many other countries). As far her rights are concerned, please understand that she is a national of the EU. She might have 'personal' rights to privacy as well as those related to Gillick competency. Nobody might be able to force her to give a statement. She might exercise those rights in private (without violating Indian law in India) but she cannot expect to have another person charged while she remains silent and uncooperative. I am not sure WHO wants this case up in front: She, her mother, her lawyer or the politicians.......especially IF there is NO evidence to prove that the assault was committed by Rohit. The nonsense of the "Prove You are Innocent" bit having been noted.. [C] Aires Rodrigues has already made some statements. He can speak for himself. I personally disapprove of the manner he conducts trials of accused and formerly-accused in public. As an individual who has (also) had to deal with cases of Child abuse for the past 25 years, it is my personal opinion that the Goa Children's Act and the recent actions of Aires Rodrigues and the wishy-washy actions of the alleged "childrens' advocates" will be counterproductive to the children of Goa. [D] The politicians are opportunists by nature. It is in their DNA. Never mind their political posturing. They are ONLY interested in the Kodel. They will use and discard Aires, me and you without even stopping for a breath. Trust me. with good wishes jc
