Malaka refused bail again

11 November 2014 06:52 am - 10     - {{hitsCtrl.values.hits}}

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A Colombo Magistrate today for the second time refused to grant bail to Minister Mervyn Silva’s son Malaka who has been remanded till November 18 and is to be produced at an identification parade.

 

Malaka was admitted to the Colombo National Hospital after he was said to have suffered injuries during a brawl with a British couple at a night club on November 1.

 

Magistrate A.M. Shahabdeen said he would consider bail for Malaka when the case is taken up on November 18 and pointed out that the case was called today so that the police could file the JMO‘s report.

 

Malaka’s Counsel Hemantha Warnakulasuriya PC told the Magistrate that Malaka was remanded so as to to produce him at an identification parade.

 

He said his client was prepared to admit in court under Section 420 of the Criminal Procedure Act by way of an affidavit that he was at the nightclub when the incident took place and as such Malaka need not be produced at an identification parade and could be released on bail because it was a bail-able offence.

 

Counsel Jayantha Weerasinghe PC also appearing for Malaka said his client was the victim in this incident. It was Malaka who had made the first complaint and that the foreigners had not made a police complaint nor had they taken treatment for any injuries.

 

He said it was ridiculous to see Malaka who was the victim made out to be the suspect. Counsel said the offence could be compounded and he could be released on bail.

 

Counsel Avendra Rodrigo appearing for the British couple said the suspect had sexually harassed the Scottish woman and this allegation could not be compounded by mediation.

 

He said the boyfriend had intervened when his girlfriend was being harassed by a habitual offender. He said the two foreigners were tourists and they were under reasonable fear that their lives were in danger.

 

The Counsel said they feared that this would end up similar to what happened at Tangalle where the boyfriend was brutally killed and the woman was raped.

 

CCD ASP H. W. Chandrathilake filed the JMO’s report and said he would reply to the submissions made by the suspect’s Counsel on November 18.

 

He said the investigations were not concluded. However, according to a witness, Malaka had sexually assaulted the Scottish woman. He said the suspect’s Counsel had filed the affidavit to make the admission in conformity with Section 420 of the Code of Criminal Procedure Act. He said the Act clearly states that the relevant Section would apply when an accused make an admission at the trial stage. He said the matter was still under investigation and Malaka was only a suspect and not an accused. Therefore the provisions of that Section cannot apply at this stage.

 

Thereafter Counsel Asela Rekawa producing Romesh Kulatunge in court through a motion said his client made the first complainant to the Bambalapitiya Police saying the Britisher had assaulted Malaka. He said the Police had asked him to come to the CCD to make a statement but his client had not gone to the Police as he was ill. The Counsel said his client was the complainant against the Britisher and the police had not taken any action against him. (TFT)

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  Comments - 10

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  • Baiya Tuesday, 11 November 2014 12:28 PM

    Why still he is kept in National Hospital. He must be sent to Prison Hospital

    BuffaloaCitizen Tuesday, 11 November 2014 12:28 PM

    The fantastic part is that he is not inside a remand prison, like what would happen to any of us, but inside the luxury room of a government hospital, AC, TV, home food and all. This is why our judiciary has been made a pimp by the present regime.

    dham Tuesday, 11 November 2014 12:55 PM

    Next episode he need to sit his Masters exam in USA until comeback and hit another indecent guy. via DM Android App

    johan Tuesday, 11 November 2014 12:57 PM

    The DM must give the full story.Where as he is enjoying thebest privilages in the National hospital under the guise of he has beeenwounded

    Hamza Tuesday, 11 November 2014 01:12 PM

    Why this witch-hunt by the media against an innocent man? It was a simple brawl between two parties. The media is desperately trying to tarnish his reputation.

    Ravi Tuesday, 11 November 2014 01:16 PM

    As far as i know politicians and their children are hospitalized when they involved such criminal activity and ordinary citizens are remand.

    Jayantha Jayamanne Wednesday, 12 November 2014 08:33 AM

    This rowdy should be kept behind bars.

    Nimali Wednesday, 12 November 2014 04:48 PM

    The so called future leaders of Sri Lanka...God help us!

    citizen Tuesday, 11 November 2014 02:52 PM

    protect the judge

    Srimal Tuesday, 11 November 2014 03:47 PM

    The immunity enjoyed by politicians and their families is unbelievable. Definitely the WONDER OF ASIA.


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