News
Explanation sought from AG over conduct of one of his officers
SC moved against acquittal of group arrested with 197 kgs of heroin:
By Shamindra Ferdinando
The Colombo High Court Lawyers’ Association has sought an explanation from Attorney General Sanjay Rajaratnam, PC, as regards accusations made against the Colombo High Court Trial-at-Bar Bench over the recent acquittal of five persons, indicted before it, for the possession of nearly 197 kgs of heroin.
The Bench comprising Colombo High Court Judges Adithya Patabendige, Manjula Thilakaratne and Mahesh Weeraman acquitted the group on the basis of serious contradictions in the evidence led by the prosecution.
President of the Association Lakshman Perera told The Island yesterday (26) that the AG owed an explanation as the presenter of a YouTube video, who accused the panel of judges of wrongdoing, based his accusations on information provided by a senior official of the AG’s Department.
The Association stated in its letter dated April 25 to the AG that if such allegations had been made by a senior official of the AG’s Department that would be a slur on the Department. The Association has stressed that the only remedy is an appeal against the Trial-at-Bar judgment.
The AG’s Department on the same day moved the Supreme Court against the April 06 ruling.
The Colombo High Court Trial-at-Bar, having concluded the hearings, within six months, acquitted and discharged the suspects on 06 April 2023, on the basis the prosecution failed to prove the charges against the accused, beyond reasonable doubt.
Rajaratnam succeeded Dappula de Livera in May 2021. At the time of the detection, the incumbent Chief Justice Jayantha Jayasuriya had served as the AG.
Chief Justice Jayantha Jayasuriya, appointed a Trial-at-Bar, following a request made by AG Rajaratnam. The suspects in this case were Jayakody Arachchige Anura Chaminda Appuhamy, Thawarasa Sudakaran, Aglesa Pillai Thawarasa, Yaddihi Arachchige Lasantha Priyalal and Kandayiya Chandrakumar.
Navy headquarters directed Offshore Patrol Vessel (OPV) SLNS Sagara to intercept the fishing craft, carrying heroin, in April 2019, after police alerted the presence of the vessel in international waters.
The Colombo High Court Lawyers Association has asked the AG to explain how he intended to address the issue at hand in case the YouTuber obtained information from one of his officers.
News
Prison rules to be revised over monks’ attire
Appointment of committee eyewash, says UNP
The government is considering changes to prison regulations pertaining to the treatment of Buddhist monks serving jail terms, including their right to wear monastic robes when taken outside prison.
Justice and National Integration Minister Harshana Nanayakkara announced the proposed changes yesterday (14) following the submission of an interim report by a committee appointed to review the rules and procedures governing prisons.
The report was handed over to Secretary to the President Dr Nandika Sanath Kumanayake at the Presidential Secretariat.
One of the key recommendations is to amend Prison Standing Order 356 by introducing a new provision, 356(A). The proposed revision would require prison authorities to consult the Department of Buddhist Affairs on the removal of a monk’s robes upon admission to prison. The Commissioner of Prisons would be allowed 10 days to notify the department and take the necessary steps.
A separate amendment to Departmental Order 550 would allow Buddhist monks to wear their robes whenever they are taken outside prison, unless their respective Nikaya formally requests that the privilege be withdrawn.
The committee has also recommended extending similar arrangements, with suitable modifications, to members of other religious clergy who are imprisoned.
The proposals follow concerns raised over the treatment of Ven. Galagoda Aththe Gnanasara Thera after he was taken into custody. President Anura Kumara Dissanayake subsequently held discussions with representatives of the three main Buddhist Nikayas and appointed the committee to examine the existing legal framework.
Nanayakkara said the interim report had been forwarded to the Acting Commissioner General of Prisons, along with instructions to revise the relevant standing orders in accordance with its recommendations.
The proposed amendments have yet to be confirmed as formally implemented.
Meanwhile, the UNP yesterday criticised the government’s decision to appoint a committee to make recommendations on the attire to be worn by imprisoned Buddhist monks and other religious leaders when taken outside prison, describing the move as unnecessary.
In a statement issued yesterday (14), the UNP said the procedures governing the matter were already clearly set out in the Department of Prisons’ Standing Orders, making the appointment of a separate committee unwarranted.
The party cited remarks by Professor G.L. Peiris, Convenor of the Janathawadi Joint Opposition, who had described the committee’s appointment as a
“complete eyewash” and questioned the need for such a move.
Referring to Standing Order 550 of the Prisons Department, the UNP said convicted prisoners appearing before court for legal proceedings should not be required to wear prison uniforms.
It further stated that the regulations allowed prisoners to wear civilian clothing consistent with what they wore before imprisonment, including attire appropriate to their cultural and religious backgrounds.
The UNP accused the government of unnecessarily prolonging the issue by appointing a committee, despite the existence of regulations governing prisoners’ attire.
The party also called on the government to seek forgiveness from the Mahanayake Thera and the Sangha Council of the Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabha of the Siyam Maha Nikaya over the decision concerning the religious attire of Ven. Galagoda Aththe Gnanasara Thera.
News
AC President recuses himself from hearing prison attire case pertaining to Gnanasara Thera
Court of Appeal President Justice Rohantha Abeysuriya yesterday withdrew from the bench hearing petitions challenging the decision by prison authorities to require Ven. Galagoda Aththe Gnanasara Thera to wear prison attire following his imprisonment.
The decision was announced when the petitions seeking to invalidate the prison authorities’ decision were taken up for consideration on October 14.
Following his withdrawal, a three-judge bench was appointed to hear the petitions.
The petitions relate to the prison authorities’ decision to require Gnanasara Thera to wear prison attire after he was taken into custody to serve the remainder of his sentence for contempt of court.
In September this year, the Supreme Court annulled the presidential pardon granted to Gnanasara Thera by former President Maithripala Sirisena in May 2019.
Following the ruling, the Court of Appeal directed the Commissioner General of Prisons to take the necessary steps to enforce the remainder of the monk’s prison sentence.
Gnanasara Thera had originally been sentenced to six years’ imprisonment for contempt of court but had served only around nine months before receiving the presidential pardon in 2019.
News
Court orders steps to obtain INTERPOL Red Notice against Basil
The Fort Magistrate’s Court yesterday issued an arrest warrant for former Minister Basil Rajapaksa over the alleged misuse of funds belonging to the Sri Lanka Tourism Promotion Bureau during the 2014 Uva Provincial Council election.
The Magistrate also directed the CID Illegal Assets Investigation Division to take necessary steps to obtain a Red Notice through Interpol.
The orders were issued following submissions made by the CID in connection with the alleged financial irregularities.
The CID’s Illegal Assets Investigation Unit informed the court that Rs. 7.8 million allocated to the Sri Lanka Tourism Promotion Bureau in 2014 had allegedly not been used for the Bureau’s promotional activities.
Instead, the funds had allegedly been used to provide 12,000 T-shirts during the Uva Provincial Council election, causing a financial loss to the government, the CID told court.
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