Team Herald
PANJIM: Citing his criminal background and the defence’s failure to prove political vendetta against ex-PWD minister Churchill Alemao in the ongoing JICA bribery investigation, the special court rejected Alemao’s bail application on Monday.
In his order, Special Judge B P Deshpande also observed that Alemao’s alleged involvement in the conspiracy is a serious matter as it will pose a threat to the financial condition of the State and the country.
The prosecution, in its application challenging the bail application had disclosed a string of criminal offences Alemao has been involved in for over two decades.
“It has been pointed out (by the investigating officer) that there is previous criminal record of the applicant (Alemao) and this fact is not denied by filing any counter affidavit which show that the contention of the IO that the applicant is capable of tampering the witness and evidence of the case which is to his exclusive knowledge is having much substance and cannot be brushed aside lightly,” reads the six-page order copy.
The order also considers former Louis Berger officials’ confession before the New Jersey District Court admitting bribing a then Goa minister while ruling out political interest in the case. “There is no material to show that the matter is only due to political vendetta against the accused as there are statements of witnesses who have disclosed of delivery of cash at the residence of the applicant and the Company itself admitted its guilt of paying the bribe to the Minister in Goa, before New Jersey District Court,” it states.
Deshpande also pointed out that while there is no denying that liberty of an individual is precious and has to be zealously protected by the courts, such protection cannot be absolute.
“Court granting bail has to exercise its discretion in a judicious manner with care and caution and not as a matter of course. Though at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided, but there is need to indicate in such order reasons for prima facie concluding why bail was being granted particularly when accused is charged of having committed serious offence,” he further said.
The court also refused to accept the defence claim that statements recorded before the judicial magistrate were manipulated, stating that due procedure was followed under the code of criminal procedure and that witnesses had volunteered for deposition.
In the case of former JICA project director Anand Wachasundar, arrested in the case, the special court did not rule out the possibility that he could destroy evidence if released on bail. His bail was rejected on grounds that Louis Berger was forced to pay bribe to accused, and that the offence is of economic nature that resulted huge losses to government.
