Saturday, September 13, 2008

Goa:Artful Dodgers pose a headache for cops

Artful Dodgers pose a headache for cops
Preetu Nair | TNN

Panaji: Criminal gangs employing children to do the dirty deed are rising in Goa. Not only are children often not suspected, but if caught, the real felon escapes. “There are several criminal gangs using children to commit thefts. Such incidents are increasing and their exploitation by criminal elements in shop and house breaking is a matter of grave concern for us,” said SP (South) Shekhar Prabhudessai.
On an average three to four children in conflict with the law are admitted to Apna Ghar every month. “Some of the children are repeat offenders as there is no proper rehabilitation in place for such kids,” says Beethoven Fonseca, member of the Juvenile Justice Board.
Prabhudessai admitted that when children involved in thefts are caught, the police are unable to take them into custody or interrogate them. “In this way, the mastermind in the thefts goes scot free,” says Prabhudessai. “The Juvenile Justice Act gives blanket exemption to a person below 18 years of age, due to which provisions of the Act are misused by criminal elements,” says Carlos Ferreira, assistant solicitor general of India.
On September two, gold jewellery worth Rs 1.80 lakh was stolen from a house metres away from the Margao police station. Police suspect the thieves sent a child into the house by making a small hole in the bathroom window.
Just two days earlier, two boys (both about 10 years old) were caught by the Margao police for attempting to indulge in petty thefts. They were sent to Apna Ghar, home for children in conflict with law, as well as for children in need of care and shelter.


It’s an organized racket in which children are brought from other states and forced into crime in Goa. Once the act is done, they are sent back home, said Ezilda Sapeco, member of the Commission for Protection of Child Rights. These kids usually come from Karnataka, Orissa, Andhra Pradesh or Rajasthan.
Explaining the modus operandi of the criminals, a police official said, “The most commonly adopted pattern is breaking into a home by making a small hole in the window or bending the shutters of a shop from the middle within one foot of the ground, to enable a child to enter.”
The official said that there have also been instances when a mother carrying a baby indulges in chain snatching at crowded places. “The baby is used to ensure that she doesn’t draw people’s attention by her suspicious movement. Sometimes
children are also used for pickpocketing. It is difficult to get anything out of the children as they are tutored and we can’t be harsh with them,” the official added.
Child activist Bernie D’Souza from Jan Ugahi said, “In most cases, youth use younger vulnerable street children, mostly from incapacitated families. But there are a few cases wherein parents, due to poverty have initiated their children into crime.”
Maintaining that catching these kids and sending them to Apna Ghar is not the solution, D’Souza said, “There are no new skills taught to them nor is there any rehabilitation programme in place. Once they come out of the home, they are back on the street, with no help and are further lured into the world of crime.”
NGOs say that rehabilitation of children is most important. “If children are caught, the punishment is minuscule and they are happy to be at the state run home as they get free shelter and food. There is no effort made to rehabilitate them and help them lead a better life,” says activist Auda Viegas.

September 13, 2008, The Times of India, Goa edition

‘Plaint against Fiona has no locus standi’

‘Plaint against Fiona has no locus standi’
Lawyer Turns Heat On Perpetrators Of Crime
TIMES NEWS NETWORK

Panaji: Fiona MacKeown, mother of British teenager Scarlett Keeling who was raped and murdered at Anjuna beach, has responded to the show cause notice issued by the director of women and child development.
In her reply, MacKeown said that she wouldn’t be able to appear before the director as she is a single mother of seven minor children and that her presence in England with her children was essential for their care and safety.
The women and child department had issued a show cause notice to MacKeown upon a complaint by Utt Goenkara spokesperson Aires Rodrigues and directed her to be present on Friday. The complaint was filed against her for violation of provisions of the Children’s Act.
Fiona further stated through her lawyer, Vikram Varma, that inadequate notice was given to her to make alternative arrangements for the safety and care of her children
and asked for exemption from personal appearance.
“My client is the natural mother of the deceased Scarlett. She has exhibited her concerns and responsibilities as a parent for Scarlett Eden Keeling from her birth, during her life and even after her death far in excess of the complainant. The complainant’s attempt to display a level of concern and responsibility higher than my client for Scarlett is unnatural, unfounded and misguiding,” reads the response to the director’s notice.
It further states that Keeling was a victim of homicide and it would be in the interest of the perpetrators of the crime to use both threat and legal muscle in browbeating Fiona from not returning to India to assist in investigations.
“The case is in appeal in the high court and the matter is being examined for its tenability. The complaint needs to be dismissed as it has no locus standi on the matter and is not substantiated by a single shred of evidence,” added Varma.
Meanwhile, the director has adjourned the matter to Thursday, September 18.

September 13, 2008, The Times of India, Goa edition

Fiona’s counsel to contest plaint in Scarlett case

Fiona’s counsel to contest plaint in Scarlett case
TIMES NEWS NETWORK

Panaji: The Director of Child and Women D eve l o p - ment, Sanjiv Gadkar, will on Friday hear the complaint filed by Utt G o e n k a r a spokesman Aires Rodrigues against British teenager Scarlett Keeling’s mother, Fiona Mackeown, for violating the provisions of the Children’s Act.
Gadkar has directed Fiona to remain present before him to show cause as to why action should not be taken against her under the Children’s Act.
Rodrigues had in his complaint stated that Scarlett had come to India with her mother Fiona who left the minor girl in the company of one ‘Julio’ with the intention that the said ‘Julio’ would take care of the girl by giving her food, shelter, money, etc, while the mother along with some male companion and her other children were away holidaying in Gokarna in Karnataka.
“We are responding to the complaint. What we find untenable is that despite this complaint being examined and subsequently dismissed by the Children’s Court, the directorate has found grounds to override the court’s order and pursue this case,” said Fiona’s counsel Vikram Varma.
He said that the complainant ‘has no locus standi and neither has he substantiated his allegations with a single shred of evidence’. “We would like to examine the evidence before responding to it. In the absence of evidence, the complaint ought to be treated as frivolous and an abuse of the process of law. To my mind this complaint needs to be dismissed,” he added.

September 12, 2008, The Times of India, Goa edition

WCD chief summons Fiona

WCD chief summons Fiona
TIMES NEWS NETWORK

Panaji: The director of the Wo m e n and Child d e p a r t - ment, Goa has issued a notice to S c a rl e t t Keeling’s m o t h e r. The director has directed Fiona Mackeown to remain present before him on September 12, 2008, and to show cause why action shouldn’t be taken against her for violation of the provisions of the Goa Children’s Act, 2005.
This notice was issued by WCD director Sanjiv Gadkar on September 2, based on a complaint received from Utt Goenkara spokesman Aires Rodrigues alleging that Fiona has “committed certain acts which constitute an offence under section 8 (1) (2) and (12) of the Goa Children’s Act, 2003.
Gadkar added, “I am satisfied that there exists a prima facie case for enquiring into the said instance of violation of the provisions of the Goa Children’s Act, 2003 by Fiona”. Rodrigues had alleged that Fiona was fully aware that her daughter Scarlett was a minor and yet left her in the company of Julio to take care of the girl by giving her food, shelter and money. “The law mandates that all children within the state of Goa be provided a safe environment wherein parents are responsible to ensure that the child is not abused,” alleged Rodrigues.
Confirming that he had received the notice, Fiona’s counsel Vikram Varma said that his client would respond to the notice. “It would be unprecedented for the government to start a parallel hearing in a matter which is already being heard by the high court of Bombay at Goa.”
Varma further added, “Such an action is ultravires and could be interpreted as contempt, unless initiated with leave or orders from the high court. Perhaps the director was not informed that the proceedings in this matter are being heard in the high court. I am examining the matter and my client would respond to the notice.”

September 6, 2008, The Times of India, Goa edition