The Court of Appeal two-judge-bench comprising CA President Justice Arjuna Obeyesekere and Justice Mayadunna Corea fixed the petition to be taken up for inquiry on May 17.
On a previous occasion, the Court of Appeal had issued an Interim Order staying Trial-at-Bar proceedings against the former Navy Commander, Admiral of the Fleet Wasantha Karannagoda until final determination of this writ petition. The Attorney General had filed indictments against former Navy Commander Wasantha Karannagoda and 13 others in connection with alleged abduction, torture, extortion and conspiracy to murder 11 persons in 2008 and 2009.
In his writ petition, Karannagoda stated that the interest of Nishantha Silva who conducted investigations was to embarrass Prime Minister Rajapaksa and President Rajapaksa on the basis that the Petitioner is perceived to be a close associate of theirs.
The petitioner also states that the said Nishantha Silva had offered to release suspects under criminal investigation if they would testify against the petitioner and the former Defence Secretary Gotabaya Rajapaksa.
The petitioner stated that Nishantha Silva had acted with evident bias and mala fides against the petitioner.Karannagoda states that the said Nishantha Silva is now a fugitive from justice and is said to have claimed political asylum in Switzerland. The petitioner maintained that he is being victimised for political reasons and as a political vendetta. He further stated that there is no evidence whatsoever to charge him of an offence.
The petitioner states he verily believes that officers of the Attorney General’s Department have entered minutes stating that the Petitioner cannot be indicted on the evidence.
The petitioner stated that there is not an iota of evidence to prove his any involvement into the abduction and murder of these eleven persons. He further said CID investigations conducted into these incidents for a period over 10 years have not found evidence against him even though police had interrogated about 150 persons.
He further states that the entire investigation of the Petitioner inter alia by Nishantha Silva was characterized by malice and mala fides and was motivated by improper considerations including political considerations.
The Petitioner maintained that in the circumstances, the Petitioner’s right to a fair trial has been irrevocably violated. He further said he had been named as a suspect solely based on a statement made by former Navy Commander Admiral Travis Sinniah on August, 2017.
Accordingly, indictments consisting of 667 counts under Penal Code were served on thirteen accused except former Navy Commander Wasantha Karannagoda who has been named as the fourteenth accused.
