Gampaha Chief Magistrate Seelani Chaturanthi Perera released all the
suspects on the 25th of this month in the case, including Senior
Superintendent of Police Shani Abeysekera, the former director of the
Criminal Investigation Department (CID) who was arrested a few days
before the 2020 general election by the Colombo Crimes Division (CCD)
and has been on bail for over 10 months.
Senior Superintendent of Police Shani Abeysekera was arrested on July
31, 2020 by a group of CID officers attached to the Colombo Crimes
Division, alleging that he has fabricated a fake case when
prosecuting the former DIG Ganendra Vas Gunawardena by substituting
firearms and explosives in the case related to a murder done by Vas
Gunawardene who was sentenced to death by a three panel judge in the
High Court
Following this two officers named Deputy Police Inspector Mohana
Mendis and Deputy Police Inspector Navaratne Premathilaka were also
arrested. Former sub-inspector Nishantha de Silva, who managed to
escape to in Switzerland was also named as a suspect in this case.
After the arrest of Mohana Mendis, the Colombo Crimes Division had
pressured Mohana Mendis to testify against Shani Abeysekara. In
relation to this case, Shani Abeysekera was remanded for 10 months and
18 days, Mohana Mendis for 10 months and 18 days, and Premathilake for
9 months and 19 days.
When this case was called for hearing today, Police Inspector Jagath
appeared on behalf of the Colombo Crime Division and informed that the
Attorney General has received instructions that the suspects in this
case can be released. However, on August 8, 2023, an appeal was made
through the Colombo Crimes Division to reconsider the notification
citing no instructions have been received so far.
Lawyer Chaminda Athukorala and lawyer Hafeel Faris, who appeared for
Shani Abeysekera, informed that the Colombo Crimes Division further
imprisoning these suspects in this case violates the law. The
Magistrate’s Court is bound to implement the Attorney General’s
instructions and that Shani Abeysekera and others have not committed
contract murders or extortion or rape, and a Deputy Inspector General
of Police has been investigated and arrested in connection with a
contract killing. That the DIG was sentenced to death after a fair
trial. The lawyers reiterated that these officials were arrested
because the incident was investigated by them.
Lawyer Chaminda Athukorala, who appeared for Shani Abeysekera in
court, also said:
“…The offenses reported by the Colombo Crimes Division in relation
to this case are indictable offences. This court only has the power to
assist the investigation in this regard. After this investigation, the
extracts related to the case were forwarded to the Attorney General.
The Attorney General’s Department has been perusing them for months.
It has been informed that there is not enough evidence to continue the
case against suspects 1, 2, 3 and 4. Accordingly, it has been stated
that no further action will be taken against the suspects and the
suspects can be released.
Also, regarding the granting of bail to Shani Abeysekera, I would like
to draw the attention of the court to the second paragraph of the
ninth page of the judgment of Kamani Abeysekera vs. Attorney General
CA/CPA/18/2022. It is clear that this is a fabricated case. Not even
an appeal was made against this decision. The Attorney General has
instructed the Colombo Crimes Division to release the accused after
looking into the matter. The Colombo Crimes Division has reported the
facts and says that the Attorney General’s advice has been requested
to be reconsidered. Does this court have the power not to implement
such instructions of the Attorney General?
Subsection 398.2 of the Code of Criminal Procedure reads:
(398.2 Under the provisions of this section, when the proceedings of a
case are sent to the Attorney General by a magistrate, the Attorney
General shall have the power to give such instructions as he deems
necessary in relation to the investigation related to the said
proceedings. After that, the instructions of the Attorney General
shall be implemented subject to the provisions of this code. It shall
also be the duty of the Magistrate to conduct and conclude that
inquiry in accordance with the rules)
Accordingly, this court is obliged to accept the advice of the
Attorney General. If the Attorney General’s instructions have been
received by the Authority, it is not possible to proceed with this
case in this Court. In a certain case, if the Attorney General has
been asked to file an indictment, an appeal has been sent to the
Attorney General asking him to consider it, no one has the legal right
to tell him not to take further steps according to the indictment
until he receives instructions. If the Attorney General has asked to
be released, an appeal has been submitted to reconsider the matter.
For that reason, no one has the legal right to say not to act
according to the instructions that have been received so far. Until
then, they cannot ask the police to continue the case without
releasing them. Colombo Crime Division is trying to mislead the
judicial process by acting maliciously as usual.
Lawyer Chaminda Athukorala, who presented the facts in court at
length, requested the release of the suspects accordingly.
After presenting the facts of the lawyers, Police Inspector Jagath
Nishantha of the Colombo Crime Division stated that the investigation
related to this investigation was completed and the file containing
the investigation excerpts was sent to the Attorney General.
Accordingly, the Attorney General has informed that the law will not
act against these suspects, and the suspects have been released from
this case, and then an appeal has been filed through the Police Legal
Division, requesting that the Colombo Crime Division once again
present the evidence against the suspects and reconsider the advice of
the Attorney General. Police Inspector Nishantha said that it was
referred to the Attorney General’s Department but so far, the Attorney
General has not received any instructions, he said. After sending the
instructions of the Attorney General in this case, the Magistrate
asked the Colombo Crimes Division whether the new investigation
excerpts were included in the request that was forwarded to the
Attorney General in addition to the excerpts related to the old
investigation. Police Inspector Jagath Nishantha, who replied said
that a new investigation was not conducted, and requested that the
excerpts from the original investigation be sent back to the Attorney
General and reconsidered.
After considering all these facts, the magistrate gave her decision
and stated that according to the instructions given by the Attorney
General, she decided to release all the suspects. The magistrate who
recorded her order at length citing the facts of the Criminal
Procedure Code, further stated that no facts have been presented in
this case that could prevent the Attorney General’s instructions from
being implemented. In giving her order, the Magistrate stated that the
Attorney General has not informed the court anything other than the
letter sent by the Attorney General regarding the release of the
suspects, and that the prosecution will not be prejudiced by the
release of the suspects. Accordingly, the suspects including Shani
Abeysekera were released from this case.
