Four years after- what Herald maintains and believes, Cipriano Fernandes was killed in police custody; the Crime Branch has closed the case for want of sufficient evidence. We take you back to the months of January and February 2011, to show you what we reported and why we feel that that this is not a closure but a cover up
THE CASE: The 38-year-old seafarer was picked up from Porvorim on the evening of January 7, 2011 and placed under ‘preventive measure based on a complaint by his female friend Georgina Nunes alleging Cipriano threatened her with a knife at her house in Caranzalem.
The man was allegedly beaten by some policemen while in custody and next morning rushed to GMC when he failed to regain consciousness. He died in custody two days later on January 9, 2011. Herald’s sustained campaign to give him justice resulted in four simultaneous inquiries by different agencies and suspensions of three policemen including inspector Sandesh Chodankar, sub inspector Radesh Ramnathkar and hawaldar Sandip Shirvaikar. Finally a murder case was filed against all officers on duty at the Panjim Police Station on the night of January 7 to January 8, 2011.
There is prima facie evidence of police excesses: Digambar
Digambar Kamat admitted that there is “prima facie” evidence that the Panjim Police had committed excesses.
Speaking to Herald, the then chief minister said “I am strongly opposed to any form of violence. Even criminals shouldn’t be tortured.” Asked specifically if he believed Cipriano had died in police custody, Kamat said “There is a magisterial inquiry and another one by a very competent officer. The facts of the case will emerge, but my initial observation is that he was beaten up.” Kamat also referred to Herald’s investigation in the Cipriano case. “The reports have helped since the case has been recounted well. I’m studying them.”
This was the first reaction from anyone in the government.
and coming from the chief minister, this assumed serious significance. Both the inquiries together were to encompass procedural lapses as well as hard facts of the case.
Natural death ‘not conclusive’
Head of Pathology Department at the Goa Medical College Hospital Dr R G Wiseman Pinto who headed the panel that prepared the histopathology report told Herald that there was presence of disease in different organs such as the kidney, left coronary artery, heart, lung and brain of the deceased, and that the histopathological examination had revealed that he died a “natural death”.
On the contrary, forensic expert speaking to Herald on condition of anonymity said that even if it is true that Cipriano’s organs showed presence of pathological disease, it is important to find what precipitated that process while he was in police custody.
An extent of injury or gravity of head injuries suffered by the deceased (the autopsy report apparently says that two head injuries were found) would prove crucial in deciding the exact cause of death, regardless of existing disease conditions, the forensic expert pointed out.
The report says there was congestion, micro-haemorrhage and necrosis (death) of epithelial cells. The examination also revealed that heart had congestion and haemorrhage. It found that the left coronary artery showed 75 per cent occlusion (blockage).
The lungs also showed congestion and haemorrhage. But this cannot be accepted as the cause of death, as the circumstances surrounding Cipriano’s death must be looked at in totality.
3 cops suspended in Cipriano death case
Panjim Police Inspector Sandesh Chodankar, Police Sub Inspector Radesh Ramnathkar and Head Constable Sandip Shirvaikar were suspended from services for procedural lapses in Cipriano Fernandes custodial death.
Suspensions were based on the interim report which pointed out certain administrative lapses submitted by Deputy Superintendent of Police Bossuet Silva.
However, charges were to be framed only after a final report is submitted to senior police officers. “Administrative action was initiated for procedural lapses. They will face Departmental Enquiry only after a final report,” police spokesman and SP (Special Branch) Atmaram Deshpande had said.
BOSSUET’S REPORT
• Arrest report made out, but did not have signature of the arrested person (Cipriano)
• No independent witness in the case
• No family members informed about the arrest
• Not referred for medical examination after arrest
• Since Panjim Police has no lock-up, Cipriano had to be shifted to Agassaim Cell which was not obeyed by Panjim Police.
SDM to JMFC: Cipriano died in police custody
Sub Divisional Magistrate Sabaji Shetye told the Judicial Magistrate First Class that “Cipriano’s death occurred in custody”.
This is what he told the court: “The cause of Cipriano’s death is due to sequelae of concussive head injury sustained as a result of cumulative effect of injury on the middle portion of the head and injury on the left portion. He died due to surface injuries with a blunt force object on the skull, elbow, joint, right aspect of skull and left hand. Shetye said that his inquiry is yet to come to a conclusion even as it has recorded statements of around 30 witnesses so far.
These injuries, the SDM remarked, were “fatal” and the cause of his death. In a very strong and clear deposition in court, Shetye said “In my opinion, Cipriano’s death occurred in custody which was revealed during my course of inquiry as per the deposition of forensic doctors who stated that injuries on Cipriano were inflicted while in police custody.”
WHY ‘DEATH IN CUSTODY’
If injuries to a person are caused in police custody, which are a cause of his death even if he dies after being released on bail and/or during medical treatment, it is legally termed as ‘death in custody’.
WILL THE KILLERS BE ARRESTED FOR HOMICIDE
* In a charge for cognizable offence of a serious nature as homicide, the charges have to be registered in the police station, paving the way for their arrest for investigations.
IN THE LINE OF FIRE
• Police Inspector Sandesh Chodankar – suspended – could be charged with vicarious liability. As head of the force at the police station, he was the master.
• Police Sub-Inspector Radesh Ramnathkar – suspended.
• Head constable Sandip Shirvaikar – suspended.
• Police Sub-Inspector Vijay Chodankar – duty officer – still not suspended.
