Senior State Counsel Dilan Ratnayake on Monday (5) told court that former Chief JMO, Ananda Samarasekara, during the first autopsy conducted by him on Wasim Thajudeen, had allegedly sent out body parts of the deceased from where it was under refrigeration which came under his purview.
Raising a preliminary objection against the petitioner's request, Senior State Counsel said that during the first autopsy on former ruggerite Wasim Thajudeen’s body, the former JMO had kept body parts of the victim under the refrigeration as case productions. Later, few days prior to his retirement, the former JMO had allegedly taken them out of the refrigerator and taken them with him.
The State Counsel also went on to say that it is possible to consider the body parts as public property because they were kept as case productions, which belong only to the State, therefore former JMO is not entitled to obtain anticipatory bail over the incident according provisions relating to the Bail Law.
He further said the former JMO had dispatched the body parts a year prior to delivering his autopsy report.
However, objecting to the prosecution stance, Shavendra Fernando, who appeared for the petitioner, ascertained that the prosecution had not filed a single B report during the main inquiry, stating that they were conducting an investigation under Public Property Act against the former JMO over missing body parts of Thajudeen.
Further he said even the missing body parts cannot be regarded as case productions since they were not listed as productions yet and therefore cannot be considered under the PPA.
Colombo Additional Magistrate Dulani Amarasinghe, after considering the stances of both parties, fixed September 9 as the date to submit their objections in writing in order to deliver the judgment on the anticipatory bail application.
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