Arrest warrants suspended pending CA final determination

By Shamindra Ferdinando

Following Wednesday’s Court of Appeal order, suspending the arrest warrant on him, Kurunegala Mayor Thushara Sanjeewa was seen with the newly appointed Highways Minister Johnston Fernando on Thursday (13).

 Thushara was present when Minister Fernando launched a new project to rehabilitate the Wajuragnana road in Kurunagala.

 Addressing the gathering Minister Fernando explained why he had defended the Mayor although interested parties misinterpreted his comments. The Minister reiterated that he would neither protect wrongdoers nor allow innocents to be targeted.

The Mayor, too, in his welcome speech explained the challenges faced by him in the run-up to the general election.

Thushara filed a writ petition on August 11 after Kurunegala Magistrate re-issued warrants after the police failed to execute original arrest orders issued on August 6.

The August 12 order was delivered by a Court of Appeal bench consisting of its President Justice A.H.M.D. Nawaz and Justice Sobhitha Rajakaruna.

 The warrants were suspended pending Court of Appeal determination as regards Kurunegala Mayor’s writ petition to be delivered on August 24.

Kurunegala Magistrate Court also imposed a travel ban preventing the suspects from leaving the country.  The five suspects are Kurunegala Mayor Sanjeeva Thushara Vitharana, Municipal Commissioner Pradeep Nishantha Thilakaratne, Municipal Engineer Chaminda Bandara Adhikari and two other officials, Illaludeen Sulfica and Lakshman Priyantha.

 Attorney General Dappula de Livera, PC, intervened in the wake of heavy reportage of the demolition of a part of an archaeological construction considered the royal pavilion of King Bhuvanaikabahu II. The incident took place over two weeks before the Aug 5 parliamentary election.

 Acting IGP C.D. Wickramaratne was directed to make the arrests on charges under Antiquities Ordinance & the Public Property Act.

 At a recent media conference called by the Attorney General, Deputy Solicitor General Dileepa Peiris and Additional Solicitor General Sumathi Dharmawardena explained the failure on the part of the police to execute arrest warrants issued in respect of the fugitives. Focusing on the police inaction, DSG Peiris questioned how fugitive Superintendent of Negombo prison Anuruddha Sampayo visited Hulftsdorp to sign a court document while the police were looking for him.

The DSG went to the extent of suggesting relevant authorities would seek the assistance of the armed forces to execute arrest warrants in the face of police failure to do so.

 A committee appointed by Prime Minister Mahinda Rajapaksa, having inquired into the Kurunegala incident recommended legal action against all those responsible for the demolition, and the cost of restoration of the site be charged from the individuals and institutions responsible for it. Altogether, the Committee headed by Director-General of Archeology Professor Senarath Dissanayake, included District Secretary R. M. J. Ratnayake, Archaeologist T. G. Kulatunga, Deputy Director of Archeology at the Ministry of Cultural Affairs Archaeologist Prasad Ranasinghe and Director of the Central Cultural Fund Architect Sumedha Matota.