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