The Attorney General has instructed the acting IGP to produce Nissanka Senadipathi and seven others before a relevant Court in connection with the offences they had allegedly committed under the Fire Arms Ordnance, the Explosives Act and the Penal Code in the Avant Garde Maritime Services’ floating armory case.
The other suspects are Palitha Fernando, K.B.A. Egodawele, V.N. Diyabalanage, D.M.S. Dissanayake, Damayanthi Jayaratne, P. D. Premachandra and Victor Samaraweera.
Five suspects -- Nissanka Senadipathi, Palitha Fernando, B.A. Egodawele, V.N. Diyabalanage and D.M.S. Dissanayake, who were initially considered as suspects by the prosecution in the magisterial inquiry conducted at the Galle Magistrate’s Court (B 44146/15) in the Avant Garde Maritime Services’ floating armory incident, had earlier filed five fundamental rights petitions in the Supreme Court seeking a prevention order against their possible arrest over the incident.
However, according to Coordinating Officer to the AG, SC Nishara Jayaratne the SC on July 4, 2019 had rejected the FR petitions and the AG had observed that there was now no legal bar to arrest those five suspects immediately with regard to the alleged offences.
Other three suspects Damayanthi Jayaratne, P. D. Premachandra and Victor Samaraweera have been included by the prosecution as suspects into the inquiry as a result of a recent development over the ongoing investigation.
SC Nishara Jayaratne also told Daily Mirror that the CID had informed the AG that two suspects namely, Chairman of the Avant Garde Maritime Services, Nissanka Senadipathi and retired Commander V.N. Diyabalanage had left the country, to Singapore, before the Supreme Court decision was given, hence, the prosecution is not in a position to arrest them at the moment.
The AG has considered that the all suspects have violated the sections 22(1), 22(3) -- the Firearms Ordinance and the Sections 9(2), 27(1) - Licences and Permits Relating to Explosives. Apart from above charges, the AG had considered sections 189,190 of the Penal Code against suspects D.M.S. Dissanayake, P. D. Premachandra and Nissanka Senadipathi over fabricating false evidence over the incident. (Shehan Chamika Silva)