Colombo High Court Trial-at-Bar yesterday served indictments on 13 accused including Navy intelligence officials in connection with alleged abduction, torture, extortion and conspiracy to murder 11 persons in 2008 and 2009. Accordingly, indictments consistent with 667 counts under the Penal Code were served on 13 accused.
Meanwhile,the Trial-at-Bar Bench ordered to re-issue summons on former Navy Commander Wasantha Karannagoda, the fourteenth accused in the case since he was not present in court.
Meanwhile, the Trial-at-Bar Bench comprising High Court Judges Champa Janaki Rajarathne (President), Amal Ranaraja and Nawaratne Marasinghe ordered to release thirteen accused on a cash bail of Rs.500,000 with two sureties of Rs.2.5 million each. The Court also issued an order directing Controller General of Immigration and Emigrations to prevent accused from leaving the country. Thirteen accused including navy officers D.K.P. Dasanayake, Sampath Munasinghe, Sumith Ranasinghe, Dilanka Senaratne, Nalin Prasanna Wickremasuriya, Anton Fernando, Rajapaksha Pathirannehelage Kitsiri, Aruna Thushara Mendis, Kathriarachchilage Gamini alias Ampara Gamini, Chandana Prasad Hettiarachchi alias Navy Sampath, Upul Chaminda alias Annachchi, Nandapriya Hettihendi and Sampath Janaka Kumara alias Podi Kumara under Penal Code were ordered to be released on bail.
At the outset, President’s Counsel Anil de Silva appearing on behalf of the defence raised an objection alleging that the indictments filed against the accused cannot be maintained since a Special Presidential Commission to probe the political victimisation of public sector officials has been appointed to look into the alleged incident.
‘The CID commenced investigations regarding this alleged abduction incident following the influence of a third party. My clients have made a complaint urging to prevent indictments being served on the accused. If this trial was proceeded, the sensitive information relating to national security could be exposed. The foremost place should be given to the national security. The CID conducted investigations in a biased manner,’ Silva added.
In reply, Additional Solicitor General Sarath Jayamanne PC appearing for the Attorney General informed the court that there is no legal obstacle to serve indictments on the accused since a Presidential Commission does not have powers to influence judicial proceedings.
He further submitted to court that this incident has no involvement with national security.
Taking into consideration the facts, the Trial-at-Bar bench decided to reject the objection raised by defence and fixed the case to be taken up again on February 7.
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13 accused in 2008 youth abduction case released on bail (13:52)
The Permanent High Court at Bar ordered to release on bail the 13 accused including the Former Naval Media Spokesperson Commodore DKP Dassanayake, in connection with the abduction and disappearance of 11 youth between 2008 and 2009.
Accordingly, each accused has been released on a cash bail of Rs. 500,000 and two sureties of Rs. 2.5 million each.
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