(Published in Daily Mirror on 10/06/2016)
By Shehan Chamika Silva
Former Western Province Senior DIG Anura Senanayake and former Narahenpita Crimes OIC Sumith Perera were ordered to be further remanded till June 23 over the Magisterial Inquiry relating to the murder of ruggerite Wasim Thajudeen by the Colombo Additional Magistrate Nishantha Peiris yesterday.
The former SDIG and the former Crimes OIC were remanded on charges of causing disappearance of evidence, fabricating false evidence, touching it to screen the offender and conspiring under clauses of 189,198 and 296 of the Penal Code.
The prosecution told court that it had information that the second suspect, ex-SDIG Anura Senanayeke had intervened with some police witnesses relating to the inquiry.
Senior state counsel, Dilan Ratnayake who appeared on behalf of the Attorney General’s Department, said when the former SDIG's driver was ready to provide a statement to the CID, the suspect had intervened inappropriately to alter the information in favour of him.
Filing a ‘B’ report, the CID informed the court that according to a police witness who was on duty at the Narahenpita Police Station on May 17, 2012,the day the incident took place, the former SDIG’s black vehicle had been parked in front of the police station around 2.00 am on the same day .
The State counsel also said that appropriate steps had been taken to send CCTV footage details to the Forensic Video and Surveillance Technology Laboratory - British Columbia of Technology- Canada to clarify the information in it.
He also said that the CID had perused bank details on six individuals relating to the inquiry in 13 Banks and were expecting to interrogate those persons in due course.
Over the inquiry conducted by the Sri Lanka Medical Council against Former JMO Ananda Samarasekara and two others on the allegation of missing body parts of the corpse of Thajudeen, the counsel appearing on behalf of the SLMC told the court that the suspect had filed objections to the council on June 4 over the allegations and that further inquiry would continue accordingly.
Appearing for the first suspect, Sumith Perera, counsel Ajith Pathirana PC told the court that his client was now prepared to provide a statement on the incident under the ‘Power to record statements and confessions’ of section 127 in the Criminal Procedure Code.
Accepting the request, the Magistrate ordered the Prisons Authority to produce the first suspect today (June 10) in the Magistrate’s Chamber to record the statement.
Submitting a bail application, counsel Anil Silva PC who appeared for the second suspect, former SDIG, said that his client had never affected the inquiry by intervening with witnesses. And he also told the court to disregard the fact that suspect’s possible life threats while considering the bail. If the section 14 of Bail Act interprets in favor of the subject's liberty, the bail cannot be rejected, counsel said.
Moving a special Circumstance for the bail submission, counsel told the court that the former SDIG was suffering from long term kidney decease, and he must be treated at the supervision of specialized doctors.
Considering the 14 (1) a (2) of the bail act, “interfere with the witnesses or the evidence against him or otherwise obstruct the course of justice”, the magistrate rejected the bail applications.
The Magistrate also held that under section 32 in the Penal Code, ‘Liability for act done by several persons in furtherance of common intention’, provides more broader provision to a magistrate to consider on remanding a suspect and he also considered the allegation under section 113 of the penal code, ‘conspiracy’.
Meanwhile, considering a report sent by the Chief Prison Medical officer on the second suspect, the Magistrate ordered the prison authority to produce the second suspect to his specialist private consultant Dr Chula Herath to examine over the medical condition of the suspect in order to report to court.
He also directed the defence counsel that after getting a report from the specialist on suspect he would consider the special circumstances when considering bail on the next date.
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