By Shehan Chamika Silva
Considering the legal concept of every suspect in remand custody should be treated equally, Colombo Additional Magistrate Nishantha Peiris today ordered to remove ex- SDIG Anura Senanayake from the merchant ward of Colombo National Hospital and to keep him under the remand custody.
However, speaking to the Magistrate from the defendant's dock, ex SDIG said that he was now in remand custody and not at the paying ward of CNH, because he had been already transferred from paying ward of CNH to the prison custody on October 3.
Considering the suspect's statement, the Magistrate upheld the decision made on the ex-SDIG with effect for the future.
Magistrate gave this directive considering the request made on an earlier occasion by the aggrieved party of the inquiry that to impose appropriate directives over the second suspect ex- SDIG Anura Senanayake being continuously treated at Paying Ward at Colombo National Hospital.
Delivering a lengthy judgment citing various precedents on few requests made by the aggrieved party and the prosecution earlier, the magistrate also ordered Sri Lanka Medical Council to finish immediately the inquiry conducted against former chief JMO Ananda Samarasekara over missing body parts of Thajudeen and submit a comprehensive report on the conclusions of the inquiry on or before November 30 in court.
Earlier, the prosecution had alleged that the inquiry conducted at SLMC against the former chief JMO was deliberately delayed.
Meanwhile, acceding the prosecution request, the Magistrate also permitted the prosecution to conduct a DNA test on 26 skeleton remains recovered at SAITM using the DNAs of Thajudeen's mother.
The prosecution was expecting to conduct a DNA test through 'Gentech' over the 26 skeleton remains recovered from SAITM over the inquiry into the missing body parts of the Wasim Thajudeen during the initial post mortem.
Earlier, the CID and a team of experts searched the SAITM Labratory based on the information revealed during the investigation that the former JMO Ananda Samaraseka had dispatched few body parts of late Wasim Thajudeen to the SAITM.
The prosecution said that the suspects -- former SDIG Anura Senanayake and former Narahenpita Crimes OIC Sumith Perera -- had been charged under Sections 113 (Conspiracy) and 32 (Liability for act done by several persons in furtherance of acommon intention) of the Penal Code, and that according to the provision in Section 13 of the Bail Act, a person who had been charged with an offence punishable with death or with life imprisonment, shall not be released on bail except by a judge of the High Court.
The suspects had been arrested by the CID and charged under Sections 113 (Conspiracy) and 32 (Liability for act done by several persons in furtherance of a common intention) of the Penal Code in connection with the murder of ruggerite Wasim Thajudeen.
Considering that the suspects had already filed revision bail applications in the High Court, the magistrate re-remanded the suspects till November 2.
The former SDIG and the former Crimes OIC have also been charged with causing the disappearance of evidence, fabricating false evidence, using it to shield the offender and conspiring under Clauses of 189,198 and 296 of the Penal Code.
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