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NGO to move SC against acquittal and discharge of first accused

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Welikada Prison killings

‘The BASL should make its position clear now’

By Shamindra Ferdinando

Chairman of the Committee to Protect the Rights of Prisoners, Attorney-at-Law, Senaka Perera, says his outfit will soon move the Supreme Court against the acquittal and discharging of Inspector Neomal Moses Rangajiva, the first accused in the Welikada Prison killings.

The civil society activist, in a brief interview with The Island, over the weekend, said that the relatives of those who perished in the violence in the Welikada Prison compound on Nov 09 and 10, 2012, had requested him to pursue this matter.

Colombo High Court Trial-at-Bar last Wednesday (12) sentenced to death ex-Welikada Prisons Chief Lamahewage Emil Ranjan over the Welikada killings. He was the second accused in the high-profile case, whereas Rangajiva, at that time attached to the Police Narcotics Bureau (PNB), was acquitted and released from all charges.

Lawyer Perera said that as the verdict had been given by a Trial-at-Bar, the appeal would have to be made to the Supreme Court. The Trial-at-Bar bench comprising High Court judges Gihan Kulathunga (President), Pradeep Hettiarachchi and Manjula Thilakarathna was unanimous in its decisions.

The Trial-at-Bar said that the prosecution failed to prove its case against the PNB officer beyond reasonable doubt.

Responding to questions, Senaka Perera said that if it hadn’t been a Trial-at-Bar, his group would have moved the Court of Appeal. Senaka Perera explained: “We intend to write to Attorney General Sanjay Rajaratnam, PC, in this regard. We are of the view the AG should appeal against the acquittal and discharging of Rangajiva. However, if the AG refrained from doing so,  the Committee to Protect the Rights of Prisoners will accept the responsibility.”

In terms of the Trial-at-Bar proceedings, the eight prison inmates who were killed in the incident are Kankanmalage Malinda Nilendra Pelpola alias Malan, Attapattu Sangakkara Nirmala Atapattu, Mohammed Wijaya Rohana alias Gundu, Chinthamani Mohottige Thushara Chandana alias Kalu Thushara, Asarappulige Jothipala alias Ponna Kapila, Harshan Sri Manakeerthi Perera alias Manju Sri, Raigamage Susantha Perera alias Mala Susantha, Devamullage Malith Sameera Perera alias Konda Amila.

However, lawyer Senaka Perera said that altogether 27 inmates had been killed after the deployment of the Special Task Force (STF) and the Army inside the Welikada Prison. According to official records, in addition to 27 deaths, at least 43 other inmates received injuries. The then Prisons Minister Chandrasiri Gajadeera informed Parliament of the deaths of 27 inmates.

The then Police Spokesman SSP Prishantha Jayakoday said that inmates had triggered violence as the STF was looking for drugs and hand phones inside the prison.

The Attorney General filed indictments against IP Rangajeewa, Lamahewage Emil Ranjan and Indika Sampath, an officer attached to the Prisons intelligence unit under 33 counts, including committing murder, conspiring to commit murder after being members of an unlawful assembly.

The Court proceeded in spite of the third accused Indika Sampath who managed to evade the police so far.

The human rights activist recalled how Chief Justice Jayantha Jayasuriya, PC, named a Trial-at-Bar to hear the Welikada case on a request made by Rajaratnam’s predecessor, Dappula de Livera, PC. The latter made the request in late June 2019. Rajaratnam succeeded de Livera in late May 2021.

The Prisons Department and the Justice Ministry couldn’t absolve themselves of the responsibility for ensuring safety and security of those in their care, lawyer Senaka Perera said. Those who had been remanded and sentenced could be serious offenders and some may even deserve a death sentence but the State shouldn’t under any circumstances resort to extra judicial measures, the public litigation activist said.

Lawyer Senaka Perera said that he believed the Bar Association of Sri Lanka (BASL) should examine the Welikada case and make its position known to the public. “Perhaps, the BASL, too, should consider moving the SC against the acquittal and discharging of the first accused,” the lawyer said.

Lawyer Senaka Perera said that before the former AG made an intervention the progress in investigations had been slow. In fact, real progress was made since 2017, two years after the change of government following the 2015 presidential election, the lawyer said, alleging that the powers that be continuously hindered the investigations.

According to lawyer Perera and other sources, there had been four separate investigations at different levels beginning with the one launched by the Criminal Investigations Department (CID) immediately after the Welikada killings. Subsequently the then Prisons Minister the late Chandrasiri Gajadeera named a three-member team to inquire into the Welikada killings. The committee comprising retired High Court judge Bandula Atapattu, retired DIG Gunasena Thenabadu and Prisons Ministry Legal Officer Lalith Andrahannadi produced two reports in Feb 2013 and Nov 2013. There had been two other investigations ordered by the then Prisons Chief P.W. Kodipillai and the Human Rights Commission.

Lawyer Senaka Perera said that the four investigations undertaken during the Rajapaksa administration should be examined. The lawyer emphasized the importance of appraisal of the investigations as the Trial-at-Bar declared that the progress had been made only since 2017.

In addition to those four investigations, there had been another report prepared by the three-member committee comprising retired High Court judge Wimal Nambuwasam, retired Senior DIG Asoka Wijeyatilleke and senior public servant S.K. Liyanage. Appointed on January 22, 2015, less than two weeks after the presidential election, the committee handed over its report to the then Prime Minister Ranil Wickremesinghe and Justice Minister Dr. Wijeyadasa Rajapakse, PC, on June 09, 2015 as the latter appointed it.

Lawyer Perera said that the former Prisons Chief claimed that the inmates after having broken into the Prisons armoury seized weapons, including machine guns.

The activist pointed out that the 2012 incidents were the worst since the 1983 massacre of Tamil terrorist suspects. The public have lost faith in law enforcement authorities and the political leadership regardless of the party that held power, the lawyer said. There couldn’t be better example than how the current dispensation handled the then State Minister for Prisons Lohan Ratwatte’s ‘raids’ on Welikada and Anuradhapura prisons in September last year.

The report prepared by retired High Court judge Kusala Sarojini Weerawardena into the incidents involving Ratwatte should be made public as the police were yet to at least record the State Minister’s statement, lawyer Perera said.



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Govt. allows private operators to import fuel for industries – minister

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ECONOMYNEXT – The Government has allowed private bunker fuel operators to import fuel for industries, Power and Energy Minister Kanchana Wijesekera said on Friday, in a bid to reduce the burden on cash-strapped state-run fuel retailer Ceylon Petroleum Corporation (CPC).

The move comes as a severe dollar shortage has reduced CPC’s ability to import fuel and meet the demand as earlier amid long motorists’ queues for fuel.

“Approval was given to all the private bunker fuel operators to import and provide diesel and fuel oil requirements of industries to function their Generators and Machinery,” Wijesekera said in his Twitter platform.

“This will ease the burden on CPC and fuel stations providing in bulk. The meeting was held yesterday.”

Approval was given to all the Private Bunker Fuel Operators to Import and provide Diesel and Fuel Oil requirements of Industries to function their Generators and Machinery. This will ease the burden on CPC and Fuel Stations providing in bulk. The meeting was held yesterday. pic.twitter.com/dhAonet10J

— Kanchana Wijesekera (@kanchana_wij) May 27, 2022

In April, Sri Lanka cabinet has agreed to amend the Petroleum Products Act making provisions to issue licenses to “properly identified parties” to import fuel which will end an import monopoly held by the CPC.

There was a push to make the Ceylon Electricity Board (CEB) to import its own oil as the Ceylon Petroleum Corporation was unable to get foreign exchange and the power utility ran out of cash due to lack of a price increases.

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Protesters ask PM to serve justice for May 09 attack

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ECONOMYNEXT – Hundreds of anti-government protesters agitated in front of Prime Minister Ranil Wickremesighe ’s office Colombo demanding justice for May 09 attack by the supporters of previous prime minister Mahinda Rajapaksa and immediate measures to overcome ongoing economic crisis to prevent a looming social unrest.

The youth-led groups which had been protesting near presidential secretariat and prime minister’s official residence in the heart of commercial Colombo shifted neat the prime minister’s office and shouted against the new government’s inaction against the brutal attack at unarmed and peaceful protesters by Rajapaksa supporters on May 09.

They demanded the new Prime Minister Wickremesinghe to implement the rule of law without being biased to any parties and serve the country.

Rukshan, a 25 years old protester said, as per the initial demands of their protests, former Prime Minister Mahinda Rajapaksa resigned from his position, but his successor should do his duties towards the country and the people without trying to protect corrupt politicians.

“When we started the protest back in April our main demand was to bring all Rajapaksas before justice and get all the wealth they have stolen from the common people of this country,”  Rukshan told Economy Next.

The protest started around mid-day on Thursday (26) and protesters’ route was blocked by police barricades on the main road in front of the prime minister’s office.

The protesters, however, withdrew from their positions and regrouped at a nearby road to go towards the Wickremesinghe’s office.

However, by the time the protesters regrouped, a court order was issued by the Fort Magistrate to stop the protest due to inconvenience to the public.

“Ranil Wickramasinghe should remember why he is here now. We’re not asking him to resign. He is here to do his duty towards this country and its people,” Rukshan said.

“On May 09, we were attacked but no justice has been served yet. That is the main reason we came today to the prime minister’s office,” he said.

“We still see queues for medicine, fuel, and gas. To be honest, there is no medicine in the market. No medicine for cancer patients. If you get bitten by a dog, then there is no medicine for you. They (the market) don’t have any of that.”

Wickremesinghe has been working over a new budget and discussing with international partners to ensure uninterrupted supply of essentials, officials close to him have said. However, it will take time, they say.

Rukshan said the country is running due to the state workers, who are working as they are being paid salaries after the government’s excess money printing.

“When that stops, then there will definitely be a revolution in this country,” he said.

“When a person goes to office in the morning, there is no fuel for the vehicle, or no public transport available. They get late and the salaries are being cut because of that. And when they come home, they don’t have gas to cook a meal.”

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Weerawansa’s wife gets two years for passport offence

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Her lawyers file appeal challenging sentence

Colombo Chief Magistrate Buddhika Sri Ragala on Friday sentenced Shashi Weerawansa the wife of former minister Wimal Weerawansa to two years in prison. Shashi was found guilty of using falsified documents to obtain a passport.

The Magistrate also ordered the accused to pay a fine of Rs. 100,000 in addition to the imprisonment and an additional six months of jail if she does not pay the fine.

Sashi Weerawansa is found guilty by the court for obtaining diplomatic and general passports by submitting birth certificates with forged names and dates of birth.

She had applied for a diplomatic passport in 2010 by submitting false personal information which was different to what appears in her previous normal passport that expired on May 24, 2009.

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