Based on the concept that the law should be equal to everyone, Colombo Additional Magistrate Nishantha Peiris using the legal powers vested on a Magistrate, included the British national, who was allegedly involved in a brawl with Malaka Silva at a night club, as a suspect to the incident.
Subsequently, the suspect James Casserly was released on personal bail of Rs. 200,000 by the Magistrate.
Earlier, suspect, Malaka Silva was remanded for allegedly assaulting a British National at a Night Club on November 1, 2014.
However, there was a counter case before Court on the brawl that had taken place between the foreigner and Mr. Silva.
The counter case was filed by the police on a complaint received from the second suspect of the first case.
However, police earlier sought Attorney General's opinion to name James Casserly, who is the complainant in the first case, as a suspect to the second case.
The Magistrate considering the request made by defence counsel Asela Rekawa, who appeared for Malaka Silva, that the police had enough evidence to name James Casserly also as a suspect to the second case, the Magistrate observed that the police had not conducted their duty appropriately.
The Magistrate citing precedents and various legal provisions pertaining to the police and its powers to name someone as a suspect, observed that according to the statement given by the victim of first case Blenda, the British woman, who was assaulted during the brawl, it was clear that the James had also been involved fighting with Malaka Silva during the alleged brawl.
The Magistrate made the decision considering the section 139 of Criminal Procedure Code. He also observed that in order to uphold justice and ensure every parties’ rights according to the Constitution a magistrate has the authority to peruse into the all facts, and if their was enough evidence to name some one as suspect, a magistrate is entitle to practice his powers to name some one as suspects.
The Magistrate further advised the British national that he could go before higher court seeking relief if he is not satisfied with the decision.
Further the court also ordered the prosecution to send the extracts of the both cases to the Attorney General and obtain his opinion for further proceedings.
The two cases postponed for December 8.
No comments:
Post a Comment