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Contempt
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Contempt
of court Former Director, CID Bandula Wickremasinghe facing charges of contempt of court was allowed personal bail with one government servant of the executive rank as surety by Kesbewa Magistrate Munidasa Nanayakkara yesterday noon. Mr. Wickremasinghe faces charges of contempt of court allegedly for leading a team of CID officers that arrested Colombo High Court Judge Mahanama Tillekeratne after he had surrendered to Court on a warrant and after the said surrender was notified to the CID. Court also refused an application by the prosecution to withdraw the directive given to the Controller of Immigration and Emigration to prevent Mr. Wickremasinghe from leaving the country. State Counsel Sanjeeva Samaranayake submitted that former Director of the CID was present in Court in deference to the notice issued by Court allegedly of having committed contempt of court. On the last date President's Counsel M. M. Ameen indicated to court that he had information that Mr. Wickremasinghe would be leaving the country and wanted his passport to be impounded but he never referred to the source. Both State Counsel and Defence Counsel share concern over the question of contempt of court. Mr. Wickremasinghe says that he has no plans to leave the island as his wife was being hospitalised and that he would give a solemn assurance that he will face the said proceedings without absconding. The question of bail and surrender of his passport must be made at the appropriate forum, and in this case, it should be before Court of Appeal which really had the juridication to deal with contempt charges. Mr. Wickremasinghe is neither a suspect nor an accused until the proceedings commence at the Court of Appeal. Furthermore, it is also a factor that the Magistrate's Court is a complainant in the case and the appropriate course of action is before the Court of Appeal, Mr. Samaranayaka concluded. Senior Defence Counsel M. I. M. Ameen submitted that the defence would not demand anything harsh like remanding Mr. Wickremasinghe, but he would seek releasing him on bail. The contempt of Court charges are criminal in nature. The Court was duty bound to act accordingly. As regards his information about Mr. Wickremasinghe's plans to leave the country, he was not bound to divulge his source of information in as much as the police officers have such privilege. But now that this matter had been raised, he would tell that it was a businessman who told him that Mr. Wickremasinghe had plans to proceed to England and to retire from service from there. In such a situation, when the proceedings of contempt charges commence, his absence from the country could cause problems. That was why the defence insists on releasing him on bail and on impounding his passport, he concluded. President's Counsel Daya Perera submitted that initially the Defence would like to seek clarification as to what role the State Counsel played in respect of the contempt of court matter. What really is the status of the State Counsel in this matters. Is the State Counsel appearing for the officer facing contempt charges? He could understand a state counsel appearing in an attempted murder case to lead impartial evidence. In this case it happens to be a police officer. He would like to pose the question if he would appear if it were a layman facing such charges. Mr. Perera further stated that the State Counsel had no right whatsoever to give any undertaking on behalf of the police officer. His undertaking was not worth a cent. State Counsel: We are only assisting Court 1. Mr. Perera: Under the guise of saying "I am assisting court 2 the State Counsel gives the versions of the officer. One must not confuse Attorney General being amicus is one role, appearing for the suspects is another matter. Defence Counsel Lakshman Ranasinghe submitted that the defence would request Court to order the CID to tender all IB extracts made by all officers including those of Mr. Wickremasinghe himself, to Court. The accountability for the arrest of High Court Judge Tillekeratne lies with Mr. Wickremasinghe himself as he led the team. Court allowed the application made by Mr. Ranasinghe and ordered CID to furnish those the next day. Defence Counsel Hemantha Warnkulasuriya submitted that the defence would seek that Mr. Wickremasinghe be remanded, for the contempt charge requires deterrent measures such as this, Magistrate's Court could hold a full inquiry as to how this contempt had been committed by this officer he said. Court observed that the jurisdiction to try contempt of court charges lies with the Court of Appeal. Kesbewa Magistrate Munidasa Nanayakkara yesterday fixed the non-summary inquiry into the attempted murder of army sergeant Uyana Hewage Somachandra for October 9. Court served notice on the first witness the virtual complainant to testify on that day. Mahanama Tillekeratne, his son Pathnike Tillekeratne, Vincent Babu alias Sena and Poruwa Badalage Upul are the accused in the case. Prosecution moved that the third accused be directed to go to the CID to have his statement recorded. Defence Counsel wanted the statement of the third accused be recorded in Court, but the Prosecution pleaded that normal procedure could be followed. Court ordered that the statement of the third accused be recorded in the office of the court in the presence of the Court Registrar. Defence Counsel Warnakulasuriya moved that an identification parade be held since the fourth accused had complained of assault by CID officers. Court allowed the application and ordered the ASP to organize a parade. Police Marine Division yet not ready for
operations Police Marine Division , set up just two days before former IG Police W. B. Rajaguru retired on August 31 is still struggling to come to grips with the problems relating to marine operations, ‘The Island ’ learns. President Chandrika Kumaratunga and Defence Secretary, Chandrananda de Silva attended the August 26 launch of five locally built patrol boats, the first acquisitions made by the newly created Division. The 26 feet long boats each powered by two 115 Japanese Yamaha OBMs have been purchased from a local boat building firm, Neil Star Marine. Each boat which can be mounted with five zero guns had been valued at Rs. 1.5 million. These petrol powered boats have the capacity to operate at 35 knots per hour. Apart from OBMs and hydraulic steering other components of the boats had been built locally . The division is not ready to mount operations yet, sources said. It was not clear what prompted the previous headquarters administration to launch the boats even before units are fully trained to conduct operations. The Division is not expected to launch operations, immediately, it is believed. Police further said that the entire division must be geared for the job before it moves into action. Informed sources said that one batch of police Marine Division personnel have been trained by the Navy on a request made by W. B. Rajaguru. Police indicated that at least 15 personnel have to be attached to each boat. "You cannot leave a boat mounted with weapons unattended" police said adding that more batches of personnel have to be trained by the Navy. At the same time the Navy has to test the boats sources said. Even before sea trials are completed the previous administration has named the five boats after four officers who died in battle. Four of the boats had been named after Terrence Perera [killed by JVP assassins] , Upali Sahabandu [killed by an LTTE suicide bomber] , Ivan Boteju [killed by LTTE after he surrendered on a directive by police headquarters] , Richard Wijesekara [killed in an LTTE landmine blast] .The fifth boat had been named W. B. Rajaguru , the then IGP. The Division recently called for applications from the department to select people. The division has been placed under senior DIG in charge of Crimes, Criminal Intelligence and Organised Crime. The initial directive [during Rajaguru’s administration] has been to deploy boats each at Galle, Negombo, Chilaw, Kalpitiya and Delft Island. However both police and the Navy have pointed out that there was no possibility in deploying a single police boat off Delft island, the scene of on and off confrontations between the Sea Tigers and the Navy. "We will be able to deploy the boat intended for Delft for operations off the Colombo coast" sources said. The Marine Division is also expected to play a role in anti-narcotics operations. Gangs with the support and involvement of fishermen continued to smuggle in millions worth of heroin from India. Despite some detections, the majority of consignments continued to reach Sri Lanka, police said. The Marine Division is expected to seek Police Narcotics Bureau [PNB] assistance to help officers and men in anti-narcotics operations. Police said that slowly but steadily the Marine Division is trying to gear itself for the new responsibility. They are expected to play a crucial role in battling armed gangs involved in sea piracy. Shipping sources said that piracy in Sri Lankan waters has become a serious problem. Senior SP Chandra Fernando who died in last month’s terrorist attack at Nallur, Jaffna was to be the first director of the Marine Division. Attack on EPDP leader — six
suspects identified Six suspects were identified on Monday in the identification parade held in connection with the attack on EPDP leader Douglas Devananda, MP at the Kalutara Prison. There were sixty-eight outsiders and eight LTTE suspects in the first parade where two were identified. In the second parade a similar number of outsiders and the LTTE suspects were included and four were identified. The identification parade was held in the presence of Kalutara Magistrate C. V. Rajapakse. The suspects were brought to courts in a special van. They were wearing gowns which covered them from head to the toe. LTTE warns Jaffna local body members "Movement for the Liberation of Tamils", a terrorist organisation affiliated to the LTTE has issued what it called a ‘final warning’ to all members of local bodies in the Jaffna peninsula, reports said. The Movement which uses the slogan ‘fear is the key’, has in letters sent, threatened all Municipal councillors to quit forthwith. It has while issuing the warning expressed sympathy over the death of the employees of the Jaffna Municipal Council in the bomb blast which claimed 14 lives, including the Mayor, senior police and army officials. About four months ago courts at Jaffna, Mallakam, Kayts, Point Pedro and Chava kachcheri ceased to function as usual except for some sittings in the chambers. This follows threats by the LTTE. The death of Jaffna Mayor Pon Sivapalan and the earlier assassination of Mayoress Sarojini Yogeswaran had made the threats more real and most members of local bodies of Jaffna are functioning from Colombo and fly to Jaffna peninsula for the sittings as and when they are held, reports said. No
lawyers present Almost all the High Courts in Hulftsdorp adjourned by 10.30 a.m. yesterday. Lawyers had gone to the Kesbewa Magistrate Court, where the case against High Court Judge Mahanama Tillakaratne was called. High Court Judge Raja Fernando only had a trial heard before him with a handful of lawyers in attendance in his Court. Meanwhile, Mr. Mahanama Tillakaratne, is to file a Fundamental Rights violation plea in the Supreme Court this week, challenging his arrest by the CID, subsequent to him being placed on bail by the Kesbewa Magistrate. The petition is being drafted by President's Counsel, Mr. Ranjith Abeysuriya. The former Director of the CID, SSP Bandula Wickremasinghe is also to file a Rights violation plea in respect of his transfer from the CID to the police headquarters, ‘The Island’ learns. (C.W.) Three SEP members released by LTTE Three of the five members of the Socialist Equity Party (SEP) who were abducted by the LTTE in July and August while pasting posters in the Kilinochchi district were released on September 13, General Secretary of SEP Vijaya Dias told a news conference in Colombo yesterday. He said that on September 19, they had received two letters signed by two of their comrades who had been detained by the LTTE, stating that they and a third comrade were released unconditionally on September 13. The released members are Rajendran Sudharshan, Thirugnana Sambandan and Kasinathan Naguleshwaran. Mr. Dias said that according to the letters their comrades had not been subject to torture or physical abuse they have added. They have also said that details of their detention will only be divulged later. Out of the three comrades who were released, two of them had been abducted by the LTTE on July 26 while they were pasting posters in the Kilinochchi district. The other was abducted on August 2. The other two who are still under LTTE custody were abducted on August 31. Mr. Dias further said that they had examined the handwriting of the letters and believe them to be genuine. " The information they relate, however must be subject to further verification", he added. He went on to say that they need to establish that all three comrades are in good health and that none of them had been harmed in any way. "We remain greatly concerned over the fate of the other two SEP members who remain in the LTTE custody" he said. In their letters, they had thanked the SEP, the International Committee of the Fourth International and all those in Sri Lanka and internationally who demanded their release, Mr. Dias said. "On behalf of SEP as a whole, I would like to say that we are deeply gratified by the support our defence campaign has received from working class and human rights organizations and concerned individuals here, in Europe , North America, India and Australia", Mr. Dias said. He especially thanked Amnesty International for coming promptly to their assistance and issuing an appeal on behalf of the SEP members detained by the LTTE through its Urgent Action Network. Mr. Dias said that they would continue their defence campaign until they have secured the release of the other members and until they have the opportunity through direct contact with them to establish that they are in good health and learn more about the interrogation they underwent. "To facilitate this, the LTTE should allow an SEP representative to visit Kilinochchi or conversely one of their comrades who has been released to travel to Colombo" he said. Mr. Dias said that they also seek assurances from the LTTE that there will be no further action taken against the five or any other SEP supporters and that their democratic rights and those of the SEP will henceforth be respected. New provisions enforced from date it was
received at Archaeology Dept Minister of Buddha Sasana Cultural and Religious Affairs Lakshman Jayakody replying to issues raised by Thilak Karunaratne in an adjournment debate on the organised plunder of archaeological treasures, told parliament yesterday that the recent amendments to the Antiquities Ordinance reached the Department of Archaeology on August 21 this year and that the department is enforcing the new provisions, from that date. The new provisions, incorporated into the Antiquities Ordinance, increased from the earlier fine of a maximum of Rs. 1000 to Rs. 50,000, and the destruction or theft of archaeological objects, has been made a non-bailable offence. The new provisions also created a fund to reward informants and the powers and duties of the Director General of Archaeology have been revised in keeping with the modern concept of Archaeological Heritage Management. He also enumerated a series of short term and long term measures to prevent the plunder and destruction of archaeological treasures and sites.. Short term measures include setting up of a special unit in the police headquarters under SSP crime, setting up of village or Divisional level vigilance committees, enhancement of co-ordination with police in protecting antiquities and tracking down and punishing offenders, enhancement of capabilities of the Customs Department to identify antiquities that are illegally exported in containers or personal baggages, enhancement of awareness of people travelling to and from Sri Lanka about the Antiquities Ordinance and penalties for illegal possession, and making the dealers of antiquities fully accountable as to the nature of their transactions. Long term measures included inculcating enhanced awareness of the country’s archaeological or historic heritage and their management among school children and the strengthening of the Archaeological Department both in personnel and finances. The Minister said since August 21 there had been a dramatic increase in the quantity of information reaching the department about persons involved in destroying or stealing antiquities. He said the protection of the country’s archaeological treasure has become necessary to save it from the possible threats of globalisation. There is such a threat and we must face it, if we are to be successful, he added. He also added that he would set a committee of Members of Parliament from both sides to discuss rules and regulations that are necessary to give effect to the provisions of the Antiquities Ordinance. |
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