AG’s advice still pending on Malaka, Rehan case

26 March 2013 12:22 am

The accuracy of the complaint made by an Army Major against Malaka Silva and Rehan Wijeratne and the contradictions contained in the affidavit submitted by the Major later on  have been sent to the Attorney General  for his advice, the Salve Island police informed Court yesterday.

The case against Minister Mervyn Silva’s son Malaka and six others, who are alleged to have assaulted an Army Major, came up before the Colombo Fort Magistrate’s Court yesterday.

 Defence Counsel Jayantha Weerasekara PC appearing for Malaka asked the police whether they had forwarded to the AG the Army Major’s affidavit which states that that Malaka and Rehan did not assault him.

The Slave Island police said the accuracy of the complaint made by the Army Major and his affidavit which contradicted the complaint had been forwarded to the Attorney General and his advice over the matter was still pending.

When the case came up before Colombo Fort Magistrate, five suspects including Malaka Silva, Rehan Wijeratne, W.S. Suresh Pushpakumara, A.P. Sarath Upali and E.P. Rumesh Sathyajith were present in Court.

Meanwhile, the defence counsel informed Court that the fourth suspect W.D. Nilu Aravinda has died and the third suspect was not present in Court.

Accordingly, Magistrate Gihan Pilapitiya issued warrant for the arrest of the third suspect H.G. Nalinda Janaka.

The Magistrate ordered that the mobile phone which was named as a production item be released to Army Major Pradeep Susena on bond.

Further magisterial inquiry postponed for May 6.

On September 9 last year Army Major Pradeep Susena in a complaint to the Slave Island police said he was assaulted by Malaka Silva and several others while at the JAIC Hilton and further alleged that his weapon and mobile phone were also robbed by the suspects.

The suspects surrendered to the Slave Island police after eight days and subsequently they were produced before the Colombo Fort Magistrate.
 
However, on September 17 the complainant in an affidavit in Court said Malaka and Rehan did not assault him and he was willing to come for an amicable settlement. (Lakmal Sooriyagoda)