My client never sang obscene songs - Counsel denies police claim

By Bhagya Silva

Colombo, Oct. 16 (Daily Mirror) - The President’s Counsel appearing on behalf of Attorney-at-Law Gunaratne Wanninayake yesterday (15) informed the Court that the police had wrongly accused his client of committing an offence under Section 287 of the Penal Code, alleging that he had sung obscene songs at the Mount Lavinia Court premises.

President’s Counsel Upul Jayasuriya, making submissions before court, stated that Section 287 pertains to the act of singing obscene songs or ballads in public, but his client had never engaged in such conduct.

“The police have completely misapplied this section. Several police teams were deployed to arrest my client as though they were dealing with a dangerous criminal. This is not a clash between lawyers and the police, it is a matter affecting the dignity of our profession,” Jayasuriya told court.

 “Your Honour, this is not the first time in Sri Lanka’s history that police officers have assaulted lawyers. This incident escalated to a serious level. About 95% of police officers are respectable officials, but a few act in a manner that damages the dignity of their profession. This assault occurred while Attorney Wanninayaka and his junior, Attorney Sanjeewa Anthony were leaving the court premises after completing their cases. The assault was on Mr. Anthony, after which a verbal exchange took place between Mr. Wanninayaka and the officer.

The B report filed by police alleged that the suspect had committed offence under Sections 183, 187, 344, 287, and 480 of the Penal Code.

He also pointed out that police had gone to the suspect’s residence without a search warrant and that several special police teams were deployed along Galle Road to check vehicles allegedly to apprehend him.

Appearing for the Bar Association, Attorney Rajeev Amarasuriya also requested court to consider the bail application, “Your Honour, both the police and lawyers operate within the same system. Unfortunately, this incident occurred within that very system, causing serious damage to its integrity. This issue should now be resolved through mediation. I regret that such an incident took place. Therefore, I respectfully request that the suspect’s bail application be considered.”

Representing the Police Legal Division, Attorney Dimuthu Pradeep Jayasinghe objected to granting bail, “Your Honour, this case relates to the obstruction of police duties, verbal abuse and criminal intimidation of a police officer on duty within the Mount Lavinia Court premises. Contrary to what was claimed, the police acted with great restraint.

The suspect was requested to appear and give a statement the day after the incident but failed to do so. When officers visited his residence, he was not present. Evidence also shows that he made phone calls to individuals named Priyantha and Vathwala, suggesting a possibility of witness interference. Given the high public attention on this case, granting bail could cause public unrest. Therefore, I respectfully request that the suspect be remanded.”

After considering the submissions, Magistrate Pasan Amarasena ordered that the suspect be released on bail and directed him to appear before the Western Province South Crimes Division to record his statement, while also warning him not to interfere with witnesses.

Mount Lavinia Magistrate Pasan Amarasena yesterday ordered the release on bail of Attorney-at-Law Gunaratne Wanninayaka, who was produced before court in connection with an incident involving the obstruction of police duties within the Mount Lavinia Magistrate’s Court premises last Friday.

The Magistrate ordered that the suspect be released on two sureties of Rs. 500,000 each.

The case was fixed for November 17 for further hearing.