DSG Peiris demands police upgrade their representation in court

By Shamindra Ferdinando

The Attorney General’s Department is willing even to consider securing assistance of the military to execute warrants issued by courts following submissions made by the department, if the police are unable to make arrests.

Deputy Solicitor General (DSG) Dileepa Peiris said so addressing the media at the AG’s Department last Friday evening (31). Flanked by Additional Solicitor General (ASG) Sumathi Dharmawardena and State Counsel and AG Department spokesperson Nishara Jayaratne, DSG Peiris said the police could discuss difficulties experienced by officers in executing warrants, if any, with AG Dappula de Livera, PC.

DSG Peiris said that they could work out a mechanism in this regard. If required, the assistance of the military could be obtained, he said.

At the onset of the briefing, the first ever called by the AG’s Department, ASG Dharmawardena and State Counsel Jayaratne explained the decision to brief the media as regards the ongoing high profile case heard before the Negombo Magistrate court where now interdicted Superintendent of the prison there Anurudda Sampayo and three other employees were accused of cooperating with the drug dealers and the underworld. The AG’s Department swung into action after Acting IGP C.D. Wickramaratne countered accusations directed at the police on a special television programme.

DSG Peiris questioned the circumstances under which Chief Jailor of the Negombo Prison Upali Sarath Bandara and Second tier Jailor Nishantha Senaratne simply walked into the Magistrate court on July 29 seven days after the issuance of warrants. They were remanded until August 4

In addition to them, the other suspect jailor Prasad Kalinga Kaluaggala who had earlier surrendered to the CID was also remanded until August 4 as well.

On the instructions of the AG, DSG Peiris vowed to go flat out against those responsible for building a criminal empire within the Negombo prison. Declaring that the Negombo case was very special and a challenge to the judiciary and the law enforcement, DSG Peiris explained that the exposure of the underworld and Prisons officials nexus as a result of investigation conducted on February 13 and May 11 this year.

Disclosing various contraband including narcotics seized during raids, DSG Peiris pointed out how the Prisons authorities allowed a digital scale in hands of those dealing in drugs for obvious reasons. The second raid led to the recovery of a double door fridge, electric kettle and various other items, including food supplements, DSG Peiris said, adding that it was only the beginning. “We’ll conduct a major investigation. The AG’s Department secured warrants for the arrests of the four personnel after convincing the court of the need to do so.”€

The fourth suspect (Prasad Kalinga Kaluaggala) surrendered to the CID before the execution of the relevant warrant, the DIG said, while recollecting the high handed manner Chief Jailor Upali Sarath Bandara and Second tier Jailor Nishantha Senaratne walked into the witness box. The top official questioned how two wanted men arrived at the Negombo Magistrate court after having evaded the police for several days. DSG Peiris said that the police owed the AG and the public an explanation why the two suspects couldn’t be tracked down before they reached the court premises.

DSG Peiris said that the pathetic failure on the part of the police to execute warrants sent wrong signal to the public. Recent threats directed at the President, the Secretary, Ministry of Defence as well as the Commissioner General of Prisons by a criminal held at the Boossa prison should be examined against the backdrop of the alleged nexus between the underworld and those supposed to ensure law and order. The DSG emphasized the need to ascertain how criminal held in maximum security prison enjoyed such exclusive power even to challenge the President.

Responding to a query, DSG Peiris stressed that they didn’t have any problem with the Acting IGP and other law enforcement officers.

The DSG said: “The AG’s Department enjoyed excellent working relationship with the police. However, we cannot turn a blind eye to what was going on.”

DSG Peiris rapped police headquarters for not assigning senior officers to represent the department in high profile cases such as the Negombo prison and the alleged involvement of a group of Police Narcotics Bureau (PNB) sleuths dealing in heroin.

DSG Peiris asked why a Senior DIG, DIG or IGP himself couldn’t represent the police in high profile case as he in his capacity as the DSG represented the AG in the lowest court. The police top brass should provide the required leadership in the battle against the underworld. DSG Peiris said that a group of five represented the AG’s Department at the Negombo Magistrate court whereas the police were represented by an ASP.

He Peiris emphasized that they couldn’t allow the unacceptable situation to continue under any circumstances. If the police couldn’t carry out court directives, the police top brass should explain the difficulties so remedial measures could be taken, in consultation with relevant parties.

Responding to allegations that the AG’s Department had been in an unnecessary hurry and too hasty in criticizing the police, DSG Peiris said that they weren’t engaged in what the critics called media shows. DSG Peiris reiterated that Acting IGP should be held responsible for the failure on the part of the police so far to arrest Sampayo as well as other accomplices now in remand after having walked into the Negombo Magistrate’s court.

DSG acknowledged the services rendered by law enforcement officers even at the risk of their lives whereas a minority among the 87,000 strong police department bring the entire service into disrepute.

Responding to another query, DSG Peiris compared government authorities securing the custody of Dubai-based Makandure Madush in May 2019 and Kumaran Pathmanathan alias KP in August 2009 with Sampayo arriving at Hulftsdorp court complex to sign an affidavit, after the issuance of warrant for his arrest. The DSG pointed out that Sampayo had been represented by a President’s Counsel and 15 other lawyers. Where were the police, an irate DSG asked.

The Acting IGP should explain what was going on and his department’s failure to execute the relevant warrant.

Referring to Negombo prison and PNB cases, DSG Peiris said that those genuine crime fighters lacked real friends and required backing whereas the underworld received unhindered support and assistance of the majority. DSG Peiris asserted that it was a very unfortunate situation.

The DSG said that his department would go all out to find out who provided refuge to Sampayo and his assistants as the exposure of those providing cover to wanted men was as important as apprehending the fugitives. DSG Peiris said that there was provision in the law to move court against law enforcement officers who failed to execute warrants.

The Deputy Solicitor General explained that the AG enjoyed the power to initiate an inquiry of his own even without receiving a complaint. He praised the role played by both print and electronic media in highlighting the Negombo case. If not for the media, those interested parties could have easily suppressed the case, the DSG said, urging the media to continue with their good work.

Responding to another query, DSG Peiris said that no one was above the law while emphasizing the need to inquire into alleged involvement of some elite Special Task Force (STF) personnel with the underworld.

Regardless of the consequences, the AG’s Department was determined to bring those high profile cases to a successful conclusion, DSG Peiris said, pointing out that he could have simply allowed the police to ask for additional time from the Negombo Magistrate when the case was taken up on July 22. Alleging that was the norm, the DSG said that the AG’s Department felt the need to take a tough stand “on this issue as our very existence was at stake.