Former Western Province Senior DIG Anura Senanayake and former Narahenpita Crimes OIC Sumith Perera were ordered to be further remanded till June 9 over the Magisterial Inquiry relating to the murder of ruggerite Wasim Thajudeen by the Colombo Additional Magistrate Nishantha Peiris today.
The former SDIG and the former Crimes OIC were remanded on charges of causing disappearance of evidence, fabricating false evidence, touching it to screen the offender and conspiring under the clauses of 189,198 and 296 of the Penal Code.
Acceding to the request of the prosecution that the Mobitel Company was not supporting probe sufficiently by providing mobile phone details appropriately, the Magistrate ordered the Mobitel Company to provide certain mobile phone details relating to the inquiry immediately to expedite investigations.
Submitting a report of the preliminary inquiry conducted by the Sri Lanka Medical Council against Former JMO Ananda Samarasekara and two others on the allegation of missing body parts of the corpse of Thajudeen, the counsel appearing on behalf of the SLMC told the court that the council had charged the former JMO and others in a Professional Behavior Committee for further inquiry.
The Magistrate also directed the SLMC to report over the progress of the inquiry consistently to the court.
Senior State Counsel, Dilan Ratnayake told the Court that the prosecution was conducting a sensitive investigation dedicatedly into the complex nature of the murder of Thajudeen, therefore, the CID needs appropriate time to work on the investigations.
Submitting a further report in Court, the CID informed the court that the former SDIG had interfered in closing the extracts of the case deceitfully, since he had not taken any appropriate actions as an experienced police officer to investigate on the deceased, Thajudeen’s wallet which was found after the accident from 3 kilo meters away from the place of the accident.
Appearing for the first suspect, former Crimes OIC, Sumith Perera, the Counsel Ajith Pathirana told the court that his client was prepared to provide a statement to the Magistrate over the inquiry under the ‘Power to record statements and confessions’ of section 127 in the Criminal Procedure Code.
However the Magistrate told the suspect that he may have to satisfy the Magistrate if he was to make a statement independently on the next date.
Appearing for the second suspect, counsel Anil Silva PC moved that the offences stated in the ‘B’ report under the section of 190 and 198 of the Penal Code were bailable if the magistrate was satisfied to grant bail considering the other facts.
And he also citing few precedents, and said that it was not fair to consider on the prosecution’s arguements in rejecting bail application as it cannot be seen that the suspect would interfere with witnesses in the inquiry or effect public peace.
The Magistrate rejecting the bail applications of the suspects held that the Court could apparently see the possibility of the witnesses being affected by the suspects if they were released on bail, as they were once powerful police officers with the capability of affecting the inquiry.
The Magistrate also held that under the section of 32 in the Penal Code, ‘Liability for act done by several persons in furtherance of common intention’, provides more broader provision to a magistrate to consider on remanding a suspect and he also considered the allegation under section 113 of the penal code, ‘conspiracy’.
The Magistrate also rejected the request of the defense counsel that to allow the second suspect, former SDIG to be examined by his private specialist Doctor at the prison and directed the defense to request the Prison authority first regarding any outside medical treatments and then tender the recommendation letter from Prison Medical Officer in court.(Shehan Chamika Silva)
Video by Courts Prasanna
Comments - 6
NARAYANA Thursday, 26 May 2016 06:36 PM
We are dreaming deal Lankara going like this in near future
ananda Thursday, 26 May 2016 12:50 PM
Hope the case will be heard to a finish and jail the miscreants irrespective of who they are. via DM Android App
ala Thursday, 26 May 2016 02:37 PM
hafildeen Thursday, 26 May 2016 03:03 PM
Whoever it is including big fish should be punished severly for the murder of wasim thajudeen. The whole country is waiting for the verdict. Hope Yahapalana would do its best.
Sharon Friday, 27 May 2016 06:14 PM
He did a great service during war times. Wish you all the very best Sir. via DM iOS App
A reader Thursday, 26 May 2016 05:08 PM
Its only an investigation process and my point of view is everyone who remanding or arresting is not the murder. So every one who was responsible of the matter at the time should support to carry out the investigations peace fully and fairly to make the case clear to his family. It can be an accident too. Who knows. Pray its not to be a murder case.
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