Wimal’s lawyer filed new bail application -Defence alleges no principal offender yet

By Shehan Chamika Silva

President’s Counsel Shavendra Fernando who appeared on behalf of MP Wimal Weerawansa, who was accused of misusing government vehicles, today submitted a new bail application once again for the suspect on exceptional grounds.

He argued that based on the B reports filed by the FCID, the suspect was leveled with the charge of ‘aiding and abetting’ for instructing to allocate vehicles to certain individuals under the Public Property Act.

However to charge a person with the charge of aiding and abetting there should be a principal offender who actually committed the same offence.

The FCID failed to come with any of principal offenders and thereby, in the absence of a principal perpetrator, the law applied here was wrong, he said.

Mr. Fernando also alleged that the FCID had conducted an incomplete and partial investigation covering former deputy Minister Lasantha Alagiyawanna and former chairman of National Engineering Corporation, Arshu Marasinghe, since there was sufficient evidence before the prosecution at the interrogation that above two had also instructed to allocate government vehicles inappropriately.

Additionally, in view of that the suspect was currently in remand custody for almost three months, defence counsel also told court to consider the rights attached to an individual to have a fair trial within the personal liberty protected by the Constitution it self because everyone entitles to the presumption of innocence before being convicted.

He was also on the view that even though the suspect was attending parliament sessions, the suspect’s representative duty to convey people’s views into the legislature had been restricted at a time period where a new constitution is being prepared at the Parliament.

In the mean time, the prosecution confirmed the court that they expect to finish preparing extracts pertaining to MP Weerawansa before Sinhala New year and send to the Attorney General for his opinion.

Extending the remand of the suspect, the Magistrate subsequently ordered the Prison Authority to produce suspect in Court on April 7 if the suspect’s health condition is good.

The Magistrate also fixed the same date to deliver her decision on the defence’s bail request as well.