None of the 10 accused were identified by witnesses
Court does not rule out possibility that accused may ‘flee from justice’ owing to a weak investigation
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Prosecution witnesses have not disclosed the identity of the assailants
TEAM HERALD
PANJIM: In what can be construed as a serious lapse in police investigation into the murder of Nigerian Obodo Uzoma Simeon last October, it has emerged – four months after the case was chargesheeted before Mapusa judicial magistrate – that none of the 10 accused were identified by witnesses. A local court has also not ruled out the possibility that they may ‘flee from justice’ owing to a weak investigation.
The bail order by North District and Sessions Court should have left the Goa Police red-faced after their arrests of the locals after the highway drama by his fellow Nigerians that made headlines across the country and almost created an international incident. The under pressure police had alleged that those arrested were directly involved in the pre-planned murder.
The order also pointed out that neither the Nigerian complainant nor his fellow national witnesses had identified the locals during the identification parade.
Similarly, “Catycrist” bar owner Catharina D’Souza statement that 20-odd masked local persons arguing with Nigerians at Mapusa-Nagoa junction is also not considered a crucial witness.
“Therefore the prosecution witnesses have not disclosed the identity of the assailants but referred to unknown local persons in a group of around 20,” the order by Judge B P Deshpande further states.
The court also mentioned that other statements of local witnesses show extra judicial confession by one of the accused Runal Palyekar but this being a weak piece of evidence, conviction cannot be based only on such material.
“Not a single witness has deposed about the names of such group except one Kenneth Ekwasha who has given few names in his statement. These names are only first names of the local persons… these are common names in the locality and unless they are properly identified, only suspicion remains against the present accused persons,” the order copy adds and also slams the police for lack of prima facie or reasonable material against the accused.
The observations were made while granting bail to five locals – Rohan Palyekar, Prajyot Dabolkar, Omkar Palyekar, Gurudas alias Saish Nagvekar and Ashrish Gaonkar.
Sources told Herald that the police have refrained from highlighting drug clash between the locals and Nigerians in the charge sheet, though they admit the murder was a result of this. “After the murder, both the groups had patched up,” a police official informed.
“There is no apprehension that the applicants are likely to flee from justice and to throttle the justice in the present matter,” the Judge said while granting them bail on stringent conditions. Simeon’s battered body was found at Parra on October 31 that resulted in a clash between Nigerians-Goa police-locals. Four separate cases were registered at Mapusa and Porvorim police stations in which 10 locals were arrested for allegedly murdering him.
