Attack on Malaka and Rehan: Army major’s ‘yes and no’ statement sent to AG

By Lakmal Sooriyagoda

The accuracy of the complaint made by an army major against Malaka Silva and Rehan Wijeratne and the contradictions contained in the affidavit submitted by the major later on  have been sent to the Attorney General (AG) for his advice, the Slave Island police informed Court yesterday.

The case against Minister Mervyn Silva’s son Malaka Silva and six others, who were alleged to have been assaulted by an army major, came up before Colombo Fort Magistrate’s Court yesterday.

Defence Counsel Jayantha Weerasekara PC appearing for Malaka queried from the police whether they had forwarded the affidavit of the Army Major to the Attorney General where he stated that Malaka and Rehan did not assault him. In reply, the Slave Island police informed Court that the accuracy of the complaint made by the Army Major and his affidavit which contradicted the complaint had been forwarded to the Attorney General and his advice over the matter was still pending.  When the case came up before the Colombo Fort Magistrate, five suspects including Malaka Silva, Rehan Wijeratne, W.S. Suresh Pushpakumara, A.P. Sarath Upali and E.P. Rumesh Sathyajith were present in Court.

Meanwhile, the defence counsel informed Court that the fourth suspect W.D. Nilu Aravinda had passed away and that the third suspect was not present in Court. Accordingly, Magistrate Gihan Pilapitiya issued a warrant against the third suspect H.G. Nalinda Janaka. The Magistrate ordered that the mobile phone which was named as a production item be released to Army Major Pradeep Susena on bond. Further magisterial inquiry postponed for 6 May.

On 9 September 2012, Army Major Pradeep Susena lodged a complaint with the Slave Island police, alleging that he was assaulted by Malaka Silva and several others while at the JAIC Hilton and further alleged that his weapon and mobile phone were also robbed by the suspects.

The suspects surrendered to the Slave Island police after eight days and subsequently, they were produced before the Colombo Fort Magistrate.  

However, on 17 September 2012, filing an affidavit in Court, the complainant stated that Malaka and Rehan did not assault him and that he was willing to come to an amicable settlement.