Judge queries counsel on Duminda’s consent

Wednesday, 30 November 2011 01:51 -     - {{hitsCtrl.values.hits}}

  • Overrules request for investigation reports

By T. Farook Thajudeen

A Colombo Magistrate yesterday observed that Counsel Hemantha Warnakulasuriya PC appearing for MP Duminda Silva in the Mulleriyawa murder inquiry was doing so without written permission from Silva and thus questioned the matter.

Colombo Additional Magistrate Prasanna Alwis made this observation while giving his order on the request made by Counsel Hemantha Warnakulasuirya, who appeared on behalf of Silva and requested the Magistrate to issue the certified copies of reports on the investigations to Silva.

However, Counsel Warnakulasuriya contended that there was an earlier Supreme Court order in this context and would cite it on the next date of the case.

Magistrate Prasanna Alwis overruled the request of Warnakulasuriya for investigation reports and observed that the provisions in the Penal Code only allowed the parties to obtain the copies of the JMO reports, first complaints and evidence of a case subject to certain precincts. He said they could obtain them once they were indicted in the High Court.

They cannot request copies at this stage since the investigations have not been concluded.

ASP Shanie Abeysekera of the CID filing their report in Court submitted the JMO’s examination report on Silva and said they had recovered two vehicles and a weapon alleged to have been used in the incident and that they were further investigating.

Abeysekera submitted that 15 suspects had already been arrested and two more were to be arrested. He said the CID had conducted an operation to arrest the suspect Galaboda, who absconded court and went into hiding at Minneriya.

However, the suspect had escaped and his mobile phone and the SIM card had been recovered from the Minneriya hideout.  He said that according to information, the suspect had been abducted while being at Kaduwela and the CID is further investigating to arrest him.

The CID said that suspect Silva had migrated to Singapore and on his arrival in Sri Lanka, he would be arrested.

Counsel Warnakulasuriya undertook to surrender Silva in court on his arrival from Singapore.

Police constable Anura Thushara De Mel attached to the Mirihana Police station, the official bodyguard of Silva, was further remanded till 13 December.

ASP Abeysekera with IP Ranjith Munasinghe, IP Merryl Ranjan and SI Sugath  Kumara prosecuted. Counsel Thirantha Walaliyadda PC with Upul Kumarapperuma, Ajith Pathirana, Namal Rajapaksa, Manjula Pathiraja and Madura Welgama watched the interest of the aggrieved party Bharath Lakshman Permachandra.

Counsel Warnakulasuriya PC with Lakmal Balasuriya, Weerasena Ranahewa, Inoka Gamage, Cardos and Indrajith Gamage appeared for Silva.