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Mickky and Lyndon anticipatory bail rejected 2010-06-21 Both applications for anticipatory bail by former Tourism Minister Mickky Pacheco and his Officer on Special Duty were rejected on merits by the new judge Justice A S Oka. This new broom swept clean. Justice A S Oka came in to preside over this new court and he took charge from the minute he entered. He informed the packed courtroom which had no standing space left, that he was going to wrap up the case today itself. He smiled as he warned everyone that this case would be going beyond court hours. Judge Oka listened intently to Mickky and Lyndon's legal counsel Adv Surendra Desai. He lulled Adv Desai into a false sense of security before pinning him down on the process of filing Lyndon's second anticipatory bail application. It was clear that Lyndon had filed the second application under his own name. Judge Oka got Adv. Desai to admit that Lyndon's first bail application in the High Court had been filed on Lyndon's instructions, even though it had been filed by Lyndon's mother. But Judge Oka pointed out, there was no mention of Judge Salvi's order directing Lyndon Monteiro to be present at the next hearing for anticipatory bail. Desai tried to wiggle out of it, but Justice Oka pinned him down by staring at him and saying, "Answer yes, or no, nothing else, just yes or no." And Desai had to admit that an omission had been made. Oka rebuked the advocate for a serious breach of etiquette by not recording the order of Justice Salvi directing Lyndon Monteiro remain present at the hearing for his anticipatory bail. Judge Oka had tough words for Adv Desai saying there was no change in circumstances shown in the fresh application for anticipatory bail. Judge Oka said it was pretty clear that Lyndon withdrew his application when he learned he was required to be present in court. He filed a new application because he knew a new judge would be coming to preside over the case. And by not including the directive of Judge Salvi directing Lyndon to be present, Lyndon's lawyers committed a serious trangression. Based on this point Judge Oka rejected Lyndon Monteiro's application for anticipatory bail. As far as Mickky Pacheco's application, one important point emerged about an SMS sent by Nadia Torrado to her estranged husband Winston Barreto. Her message read: *"Don't know if you are avoiding me, but I have to tell you something and I don't have much time."* She sent the message a couple of hours after she consumed the rat poison. Mickky's application made special mention that maybe Nadia "was fed up" and committed suicide "because she has no way out from the mess she had got herself in." Adv Desai counsel for Miccky conceded that maybe Section 306 of the IPC which is abetment to suicide could be applicable to his client, but definitely not Section 304 which is culpable homicide. He said it was a conspiracy on the part of person or persons in the government and that the police wanted to arrest Mickky in an illegal manner, especially since he had other cases in his name, which is why he was in hiding. He asked for the court's protection if Mickky was to appear in person. He said the fact that Mickky paid Rs 50 lakh towards Nadia's hospital bills should show that he was trying to save her life, so how could he be accused of culpable homicide. The prosecution brought up the destruction of evidence of burning Nadia's effects and documents on the day before the funeral and just before the funeral itself. The post mortem report of the Chennai Apollo hospital and the medical report of the Margao Apollo-Victor Hospital were submitted as evidence. The SMS sent by Nadia to her estranged husband was also brought up. He also mentioned that the former minister has a history of violence. Judge Oka maintained that there was enough evidence to show that custodial interrrogation of both Mickky and Lyndon was necessary. Mickky's petition for anticipatory bail was also rejected. At the very beginning our hero of the moment (who knows when he may fall from grace) Adv Aires Rodrigues stood up to say he was the original complainant before the State took over. He spoke of the Notary Joey Rodrigues who was not certified to issue an affidavit under oath by Mickky since his license had expired on 10 October 2009 and was not renewed in view of an alleged government inquiry against him. Justice Oka who is known for his uprightness and no-nonsense attitude could, but, did not throw out the case on technical grounds. He said he would hear the arguments and decide on the merits of the case. -- DEV BOREM KORUM Gabe Menezes.
