Ex-Colva panch member acquitted in corruption case after almost 8 years

Colva: In a significant judgment, additional sessions judge Pooja Kavlekar of the South Goa sessions court acquitted former Colva panchayat member Calvert Serafino Gonsalves of charges under the Prevention of Corruption Act, 1988, citing insufficient evidence and serious inconsistencies in the prosecution's case.

The case was investigated and charge-sheeted by the anti-corruption bureau (ACB/vigilance).

Gonsalves, a resident of Copelavaddo, Sernabatim, was accused of amassing disproportionate assets during his tenure as a panch member between Jan 1, 2007, and Nov 11, 2014.

An FIR was filed in Nov 2014, with the charge sheet submitted in Aug 2017 under Sections 13(1)(e) read with 13(2) of the Prevention of Corruption Act. The trial stretched for nearly eight years, during which 26 prosecution witnesses were examined, including retired superintendent of police Bosco George, retired dySP Bossuet Da Silva, and main investigating officer police inspector Nolasco Raposo.

The prosecution claimed Gonsalves had acquired assets worth Rs 38.7 lakh—Rs 30.6 lakh more than his known sources of income, pointing particularly to the alleged purchase of a BMW car worth Rs 34.2 lakh. It was alleged that the vehicle was registered in the name of a friend, Seby Agnelo D’Souza, to avoid scrutiny.

The prosecution further claimed Gonsalves paid a substantial portion of the cost himself, despite having received just Rs 1.27 lakh as panchayat honorarium over six years.

However, the defence countered that Gonsalves had other legitimate income sources, including property dealings and a joint bank account with his cousin. Importantly, the court found that the BMW car was owned by Seby D’Souza, who had taken a loan in his name for the purchase. Aman Swaroop, general manager of the BMW dealership in Verna, testified that Seby was the registered owner and had been making all loan payments.

Judge Kavlekar observed that while the prosecution accused Gonsalves of paying the entire car amount, there was no concrete evidence to support this claim. Not only did the prosecution fail to prove that the cash contributions came from Gonsalves' funds, but Seby was also not examined as a witness, weakening the case further.

The court also dismissed claims about Gonsalves’ foreign travels, noting the absence of any clear link between those expenses and his personal bank accounts.

In conclusion, the judge stated that the prosecution failed to substantiate the charges and that the benefit of the doubt must go to the accused. Gonsalves was acquitted of all charges under the Prevention of Corruption Act.