The case against former Senior Deputy Inspector General (DIG) of Police Anura Senanayake for allegedly covering up evidence in connection with the death of former Havelock SC captain Wasim Thajudeen was yesterday fixed for March 2 by the Colombo High Court.
On a previous occasion, medical report on the accused’s health condition was submitted to court. According to the medical report by Specialist Dr. Jayantha Balawardhana, court was informed that Senanayake was receiving treatment at the Kotelawala Defense University Hospital following a surgery. The report further stated that he cannot appear before court for trial owing to his bad health condition.
When the case was taken up before the High Court Judge Vikum Kaluarachchi yesterday, Deputy Solicitor General Dilan Rathnayake appearing for the Attorney General informed court that the prosecution wish to lead the evidence to proceed the trial under Section 241 of the Criminal Proceedure in the absence of the accused, DIG Anura Senanayake.
President’s Counsel Anil Silva, who appeared for the accused, Anura Senanayake, raised an objection and informed court that his client is suffering from a cancer, and it is difficult to obtain instructions from his client.
High Court Judge ordered to lead the evidence to proceed the case under the section 241 (A) (3) of the Criminal Procedure. The case will be taken up again on March 2.
The prosecution was ordered to make a list of witnesses that it wishes to lead the evidence before court on or before January 30.
On a previous occasion, Former DIG Senanayake was present in Court on summons and was ordered to be released on a cash bail of one million rupees and two sureties of two million rupees each by High Court Judge Vikum Kaluarachchi.
The High Court also issued an order preventing the accused from travelling overseas without court permission. His passport was ordered to be kept under court custody.
Former rugby player Thajudeen was killed in a road accident in Colombo in May, 2012. The Attorney General had filed indictments against the former Senior DIG under Section 198 of the Penal Code for causing disappearance of evidence or giving false information.
The Attorney General had named 24 witnesses including Wasim Thajudeen’s sister Fathima Thajudeen, former Narahenpita Crimes OIC Sumith Champika Perera and Colombo Chief Judicial Medical Officer Prof. Ajith Tennakoon as witnesses in the case.
During the magisterial inquiry, former Western Province Senior DIG Anura Senanayake, former Narahenpita Crimes OIC Sumith Champika Perera and former Colombo Chief Medical Officer Prof. Ananda Samarasekara had been named as the first, second and third suspects.
They were arrested over their alleged involvement in the cover up of evidence of former rugby player Wasim Thajudeen’s murder and allegedly conspiring to commit the murder. They are out on bail now.
On July 27, 2015, the CID submitted to Court that the death of Thajudeen was not an accident but a murder. While delivering the verdict into the inquest, the Colombo Chief Magistrate’s Court on February 25, 2016 ruled that the death appeared to be a murder and ordered the CID Director to immediately arrest all suspects involved in the incident and produce them before Courts.
The CID had informed court that investigations conducted so far had revealed that Thajudeen’s teeth had been broken, the bones in the pelvic region had been also broken and his neck was pierced with a sharp instrument prior to his death.
The CID added that muscles in his legs had been cut with a piece of a broken glass. Earlier, the Police maintained that Thajudeen was driving to the airport and had lost control of his car and crashed into the wall of Shalika Grounds at Park Road, Narahenpita, and that his vehicle had exploded within seconds after the crash.
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