The trial at bar into the killing of two youths who were in custody at the Angulana police station in August 2009 commenced before High Court Judges Deepali Wijesundera, W.M.P.C.B. Warawewa and Kumuduni Wickremesinghe at the Colombo High Court today.
At the outset of the inquiry the Colombo High Court overruled the preliminary objection of the counsel for the second accused asserting that the court is erroneous in hearing the case as the court had diverted from the normal routine in indicting the accused.
Counsel Tirantha Walaliyadda submitted that in non summary cases heard before the High Court the formal procedure and accepted practice is for the Attorney General to file the indictments.
However in this instance instead of the Attorney General it is the Registrar of the High Court who had signed the indictment papers. Consequently it has become a case in which the complainant had become the adjudicators of the case. He cited several past cases of the Appeal Court and the Supreme Court to buttress his arguments.
Deputy Solicitor General (DSG) Jayantha Jayasuriya objecting to the defense counsel submitted that the Court had given an opportunity to the accused to read the charges and to take appropriated action accordingly. Whether in the magistrate court case or in a High Court case even though the registrar of the court had signed the indictment papers it is the Attorney General who had indicted the accused.
The court upheld the objection of the DSG and overruled the defense submission.