AG has not withdrawn indictment against wartime Navy Commander – ASG

By Chitra Weerarathne

Additional Solicitor General, Nerin Pulle PC, yesterday told the Court of Appeal that the Attorney General had not withdrawn the indictment against wartime Navy Commander the then Vice Admiral Wasantha Karannagoda in respect of the alleged abduction and disappearance of 11 Tamil youth in 2008.

He said so when a writ Application, filed in the Court of Appeal by the parents of 11 children against the alleged withdrawal, was taken up yesterday.

The Attorney General had only said he had to decide whether he could prosecute Karannagoda in the High Court, the Additional Solicitor General said. The Attorney General did not say he was going to withdraw the indictment against Karannagoda without giving substantial reason for doing so. Nerin Pulle said that the Writ Application filed by the parents of the missing children of Jaffna was misconceived in law, and should be dismissed in limine.

President’s Counsel Romesh de Silva, who appeared with Niran Anketell and Sugath Caldera for the petitioner Karannagoda, told the Court of Appeal that there was no reason to prosecute retired Karannagoda.

Counsel Rohan Bopage, who appeared for the petitioner parents of the missing children, said that the AG could not withdraw any indictment without giving reasons.

The petitioners had complained of a possible withdrawal of the indictment in the High Court against Karannagoda. The order on the issue argued yesterday will be given on November 01. The bench comprised Justice Sobitha Rajakaruna and Justice Dhammika Ganepola.

Earlier this month, it was reported that the Court of Appeal had permitted the AG to withdraw the indictment against now Admiral of the Fleet Karannagoda. The AG is said to have informed court that the former Navy Chief wouldn’t be prosecuted.