No grounds to remand: Court frees officers in Jinthupitiya case

• The Magistrate further directed that the case be called again on April 27

By Bhagya Silva

Colombo Additional Magistrate Oshadha Migara Maharachchi yesterday ordered that a Police Sergeant and a Police Constable, who were produced before court on suspicion of failing to prevent a shooting incident in the Jinthupitiya area, be released on bail.  

The Magistrate directed that each suspect be released on surety bail of Rs.300,000.  

The officers had been arrested and produced before court by the Modara Crimes Division.  

During the proceedings, the Additional Magistrate noted that although investigating officers requested that the suspects be remanded in custody to protect the reputation of the Police Department and to set an example to other officers, such a request must be rejected under the provisions of the Bail Act. Accordingly, bail was granted.  

Police informed court that the two officers were arrested over alleged dereliction of duty at the time the shooting occurred.  

Making further submissions, the Modara Crimes Division stated that a shooting had taken place in Jinthupitiya on the 14th, resulting in the death of one person. Police further informed court that at the time of the incident, the two suspect officers were on mobile patrol armed with firearms.  

Police stated that although the two officers were on duty with firearms in the vicinity of the shooting, facts have emerged indicating that they failed to take action to apprehend the perpetrators involved in the incident.  

Police also informed court that the suspects could be liable under Sections 289/102 of the Penal Code and Sections 56(a) and (b) of the Police Ordinance.

Investigations are also being conducted to determine whether offences arise under Sections 296/317 of the Penal Code and whether the suspects had aided and abetted the crime under Section 292, the court was told.  

At this stage, the Magistrate inquired whether sufficient material existed to refuse bail.   Investigating officers responded that telephone records of the suspects were required and reiterated their request to remand the suspects in order to protect the reputation of the Police Department and to set an example to other officers.   Counsel R.A.P. Ranawaka, Prasad Silva and Sampath Jayawardena appearing for the suspects submitted that any charge presented to court must be specific and that the charge sheet filed by the police lacked such particularity.  

They further pointed out that the B-report contained no allegation that the two suspect officers had aided or abetted the shooting and described the request to remand them as weak.  

Counsel also submitted that it was regrettable to present such allegations in the absence of conspiracy or aiding and abetting.