Judge in Scarlet case has no powers to hold trial

Defence counsel in British teenager Scarlet Eden Keeling case has moved an application before a court here stating that the current judge holding the trial has no powers to do so.

Last Updated: Jul 02, 2011, 14:54 PM IST

Panaji: Defence counsel in British teenager
Scarlet Eden Keeling case has moved an application before a
court here stating that the current judge holding the trial
has no powers to do so.

Jos Peter D`Souza, a counsel representing Placido
Carvalho, one of the two accused in Scarlet case, has said
that Judge Paul Sherin Gerturde, who is hearing the case, has
no powers to do so.

"The President of the Children`s Court can be a Sessions
Judge or Additional Session Judge. In the circumstances it is
respectfully submitted that appointment to post of President
Children’s Court is ultra vires the provisions of Section 28
of the Goa Children Act 2003 and has no powers to act under
the said Act," Advocate D’Souza said in his application before
the court on Friday.

He said the current judge has no powers to hold the trial
as she is an assistant session judge rank. Gerturde is the
fourth judge to hear the case, the trial of which had begun on
April 5, 2010. She began hearing the case since April 27, 2011
replacing Justice B P Deshpande.

The Scarlet death trial is ridden with hurdles as on
earlier occasion, Special Prosecutor SR Rivonkar representing
the state had preferred to recuse himself.

Mumbai-based lawyer E Khan took over the trial.

The trial which was supposed to end by December 2010 has
examined only 15 out of 72 witnesses related to the death of
the British teenager whose corpse was found on Anjuna shore
on February 18, 2008.

Fiona Mackeown, mother of the deceased, was amongst
those who gave their testimony before the court. She had also
dragged the name of Home Minister Ravi Naik`s son Roy into the
case.

Scarlet`s bruised semi-nude corpse was found on
the Anjuna beach on February 18, 2008.

PTI