KOCHI, Jan 28: The Ernakulam Chief Judicial Magistrate (CJM) today discharged Professor K V Thomas, former Congress MP, Ernakulam and DCC-I president, from the `French Ocean Survey Espionage Case', holding that ``no prima facie case was made out'' against him.The CJM held that there was prima facie evidence to hold that the three other accused, Francois Clavel of France, Elle Philippe of Madagascar and Captain S M Furtado of Goa, entered into a criminal conspiracy, conducted an unauthorised marine survey off the shores of Kochi from December 19 to 28, 1995, and collected data on the sea and sea-bed.It was also held from the circumstances of the case, that the survey was prejudicial to the interests of India and should be tried before the court for offences under the Official Secrets Act (Espionage) and Indian Penal Code.It was alleged that from April-May to December 28, 1995, Furtado, managing director of Messrs Furs Investments Pvt Ltd, Goa, entered into a criminal conspiracy with Francois Clavel,Elle Philippe, Thomas and others and carried out a survey without authorisation near Cochin harbour and Southern Naval Command up to a depth of 20 to 32 metres using a side scan sonar and a magnetometer between December 19 and 28, 1995 and collected sensitive deep sea-bed profile, an act prejudicial to the interest, safety security and sovereignty of India.The allegation against Thomas was that he had been contacted by Furtado on different occasions, that the accused met him at his residence to hatch a plot, that he helped them in accessing the design of the survey and that Furtado met him at Hotel International.The CJM said the conduct of Thomas, did not lead to an inference that he was a party to the criminal conspiracy.
