The Colombo Fort Magistrate’s Court yesterday fixed for February 22 to deliver its order regarding a request by the defence party requesting that investigations pertaining to former Navy Spokesman Commodore D.K.P Dassanayake and nine others be transferred from the CID to any other police station.
In this case, former Navy Spokesman Commodore D.K.P.Dassanayake and nine others are accused of aiding and abetting the abduction and disappearance of 11 youths in 2008 and 2009.
Counsel Asith Siriwardena appearing for the suspects had made an application to change the investigative agency; namely, CID and transfer the investigation to “any other Police Station”.
Defence counsel submitted to court that there were contradictions in the statements recorded and the CID is acting partially against the Navy Officers.
Filing written submissions against defence’s request, counsel Achala Seneviratne appearing for the aggrieved party informed court that there is no ground to transfer the inquiry out of the CID. ‘The Counsel for suspects did not rely on any provision of law to seek a transfer of the Investigative Agency by way of a Court Order. The Transfer Application is nothing but another kind of threat to scuttle the investigation.No legal system will accept a proposition that a suspect can choose or change the Investigative Agency. The Investigative Agency is aimed at collecting evidence for a prosecution.
There is no justification at all for the suspects under our law to seek an Order from Court to seek to change an Investigative Agency or the Investigators.There is no provision in the Code of Criminal Procedure authorising a magistrate to change the investigative agency,’ the aggrieved party said.
In her written submissions, counsel Achala Seneviratne stated that this case relates to abductions of several individuals, mainly schoolchildren by a group of Navy personnel. As the investigations commenced, almost nine years ago, the Police was confronted with obstructions, by various quarters, mainly by the Navy.
The written submissions further stated that the Navy continuously obstructed the investigations, but due to the professionalism and independence shown by the CID, the investigations progressed successfully.
The missing persons had been abducted by an unidentified group at Dehiwala, Battaramulla and Wattala in 2008 and 2009.
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