Panaji, Jan 8 (TOI): In the Scarlett Keeling case, the Goa children's court has issued summons to then Mapusa JMFC judge who had recorded the statement of the prime witness, Michael Mannion alias Mike Masala. Hitherto, the trial against alleged killers of the British teenager —Samson D'Souza and Placido Carvalho —had been held up due to the unavailability of Mannion.
The court believes that the JMFC judge could give material evidence, produce some documents, etc, that would enable it to prosecute the accused. In the court summons, issued under Section 66 CrPC, children's court president, Vandana Tendulkar, has requested the then JMFC judge to appear before the court on February 3 to testify with respect to the statement made by Mannion under Section 164 CrPC as recorded by her.
The CBI on Wednesday moved an application stating that Mannion has refused to give evidence in the case. It has, therefore, become necessary to record the evidence of then JMFC judge who had recorded his statement under 164 CrPC, on March 19, 2008.
On October 15, 2015, the CBI had informed the children's court that Mannion was not willing to depose before the court via video conference from London, which he had agreed to.
This had led the court to fix November 3 and 4 for recording evidence of the prosecution witness and the date was intimated to Mannion through the international assistance unit, New Scotland Yard, London.
Earlier, the prime witness had refused to travel to Goa to depose in the court here on security grounds
"In order to examine the JMFC judge before this court, issuance of summons becomes necessary," CBI's senior counsel Ejaz Khan said in an application made before the court. Advocates of the two accused have objected to this application moved by the CBI.
Mannion had told the police that he had seen one of the accused, D'Souza lying on the 15-year-old British girl whose body was found at Anjuna beach on February 18, 2008. He had said that he also saw the other accused, Carvalho, along with Keeling at a shack, hours before her body was discovered.