RECALL SOUGHT OF JUSTICE BRITTO’S ORDER IN RIBANDAR CHURCH CASE

PANJIM: In a petition filed today before the Bombay High Court at Goa Adv. Aires Rodrigues has sought the recall of the order passed by Justice N.A. Britto last week in the 2004 Ribandar Church case.

Justice N.A. Britto in his order had allowed the petition filed by Police Inspector Sunita Sawant challenging the acquittal of Adv. Aires Rodrigues in that case.

Adv. Rodrigues has in his petition today stated that petition filed by Inspector Sunita Sawant was fixed for hearing on point of admission and that it could not have been disposed without the Court recording the consent of the parties to the disposal of petition on merits.

Adv. Rodrigues has submitted that the order of Justice Britto disposing the petition on merits, when it was listed for admission was in flagrant breach of the principles of natural justice and had to be recalled in the interest of justice. Adv. Rodrigues has in his petition also stated that the order was pronounced by Justice Britto on 13th December when the matter was not even listed on the High Court board.

Meanwhile the trial of Adv. Aires Rodrigues and 14 other Ribandar residents is scheduled to start before Panaji Judical Magistrate on 23rd December. The charge sheet filed is in connection with an incident that allegedly took place in 2004 at the Ribandar Church premises when Adv. Aires Rodrigues was leading an agitation demanding action against then Parish Priest of Ribandar Fr. Newton Rodrigues for having allegedly molested a 13 year old local girl. Fr. Newton Rodrigues was later relieved from the Archdiocese of Goa and moved to Canada. He will now have to come back from Canada to depose in the case. .He is currently Pastor of St. Bernadette Church at Calgary in Western Canada.

While Adv. Rodrigues and others were charge sheeted for confronting Fr. Newton Rodrigues, the case filed against Fr.Newton Rodrigues by the mother of the 13 year old girl who was allegedly molested by Fr. Newton has been closed.

A case was registered at the Old Goa Police Station on 18th August 2004 against Fr. Newton Rodrigues for having allegedly molested the minor girl. The case was registered against him under Sec 354 of Indian Penal Code and Section 8(2) of the Goa Children’s Act. The mother in her complaint to the police had stated that Fr. Newton Rodrigues had taken the minor girl to his bedroom on the pretext of confession and had molested her.

The then Senior Superintendent of Police (Crime) on 30th August 2004 opined that the Fr. Newton Rodrigues be charge sheeted. Director of Prosecution had also opined that it was a fit case for charge sheeting Fr Newton Rodrigues.

However then Governor of Goa Mr. S.C Jamir reportedly intervened to save Fr. Newton Rodrigues from being charge sheeted. On 14th July 2005 the case file was sent to Governor S.C. Jamir. On 31st August 2005 the police submitted a report to the Children’s Court that the case against Fr. Newton Rodrigues be closed.