By Shehan Chamika Silva
Over the inquiry into the murder of Wasim Thajudeen, Colombo additional Magistrate Nishantha Peiris ordered prosecution to obtain a comprehensive report from Director of Colombo National Hospital and Prison Superintendent over the admission of the second suspect ex-SDIG, Anura Senanayake to the paying ward of the Colombo National Hospital without providing treatments to him from the Prison Hospital.
The magistrate gave the direction observing the request made by the aggrieved party counsel, Misba Sathar.
Observing that the a suspect in remand custody has equal right to get treatments for his medical condition, the Magistrate said the suspect can be only allowed to be admitted to the National Hospital if treatments in Prison Hospital was insufficient due to insufficient for his condition.
Defence Counsel who appeared for the second suspect requested court to allow his client to attend his daughter's convocation under the supervision of Prison Authority.
Objecting to the request, Senior State Counsel who appeared for the Attorney General said the suspect has no special privileges to ask such requests from court and that he is an accused in a murder case for fabricating false evidence.
All suspects in remand custody have equal rights, and this was unprecedented therefore should be rejected the request, said State Counsel.
The Magistrate rejecting the defence request ascertained that attending to a convocation cannot be regarded as an exceptional circumstance and that no such suspect in remand custody is allowed to request such permission from court based on the legal concept of "no one is guilty until proven", since the suspect has allegations over a murder inquiry.
And the Magistrate advised the defence to watch the full convocation in a recorded version later using modern day technology.
Filing a further report in court, Senior State Counsel told court that the investigation carried out to peruse information from the phone conversations of the Presidential Office were successful.
He also said the individual, Chaminda Jayaprakash, who has been with the Victim Wasim Thajudeen on the incident day had received suspicious calls from six phone numbers and that the CID had initiated a sensitive investigation into those Phone conversations.
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 victim, the counsel appearing on behalf of the SLMC told the court that the suspects' written objections were rejected by the Council and further inquiry was fixed for august 27.
The prosecution held that the suspects were charged under Sections 113 (conspiracy) and 32 (Liability for act done by several persons in furtherance of common intention), of the Penal Code and according to the provision in Section 13 of the Bail Act, a person suspected or accused of being concerned in committing or having committed an offence punishable with death or with life imprisonment, shall not be released on Bail except by a Judge of the High Court.
Former SDIG Anura senanyake and former Narahenpita Crimes OIC Sumith perera were ordered to be further remanded till August 24 by the Colombo additional magistrate Nishantha Peoris today over the inquiry conducted into the killing of ruggerite Wasim Thajudeen.
The former SDIG and the former Crimes OIC also have 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 defence counsel also informed Court that the two suspects had already filed revision bail applications in Colombo High Court seeking bail over the magisterial inquiry.
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