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No eyewitnesses, but suspects in remand for three years – defence counsel

Published

5 years ago

2021/12/27

Attacks on Buddha statues case before Kegalle Trial at Bar

The accused in the case pertaining to attacks on some Buddha statues at Mawanella are completing three years in state custody, though there is not a single eyewitness who had seen any of the accused in this case attacking any of the Buddha statues. They are in remand custody without the availability of any judicial recourse to bail under the draconian provisions of the PTA, in violation of the principles laid down in the 2006 Supreme Court case of Sumanadasa and 205 others vs Attorney General.

President’s Counsel, M M Zuhair, made these submissions Thursday (23) before the three-member Kegalle Trial at Bar, before whom 16 accused stand indicted for causing damage to Buddha statues in Mawanella and other places. 45 suspects arrested in connection with the alleged attacks in Didulwatta, Mawanella on 26th December 2018, are in remand custody, 16 of whom have been indicted before the Trial-at-Bar hearing the case.

The Kegalle High Court Trial-at-Bar comprising H C Judges Jagath Kahandagamage (Chairman), Jayaki de Alwis and Indrika Kalingawansa heard submissions that the accused who are in State custody for nearly three years be enlarged on bail and to ensure a fair trial.

We have filed a record in this case, a list of 44 cases of attacks on objects of religious worship in the country, giving the names, places and dates of such attacks. Twenty of these attacks were in 2018, before the reprehensible Didulwatte attack. Of these 20 attacks 18 were against several Mosques, 1 against a Buddha Statue and 1 against a Hindu Kovil, all in 2018 prior to the Mawanella, Didulwatta attack in December 2018.

Zuhair PC asked how the Attorney General selected, out of a large number of similar incidents in the country involving accused mostly belonging to the majority community, only the case allegedly involving minority Muslims to be indicted under the Prevention of Terrorism (Temporary Provisions) Act in the High Court and that too at a Trial-at-Bar.

The list shows, he said, nearly 58 persons were arrested, all from the majority community for the attacks on the 18 Mosques and the Malmaduwa Buddha statue in Kegalle, all of which preceded the Didulwatte incident, but all 58 suspects were soon enlarged on bail, unlike in this case.

Similarly, the list filed with the written submissions for bail in this case shows 24 attacks in 2019 and 2020 on objects and places of religious worship. 118 suspects were arrested and all of them bailed. Two of these cases were referred by Courts to Mediation Boards and settled.

None of these attacks were investigated under the PTA or prosecuted under the PTA. It is disturbing, he said, that the Attorney General has not consented to bail under the PTA for these persons in custody for three years. This is a clear case of discrimination, unequal treatment before the law and unequal protection of the law contrary to Article 12(1) and 12(2) of the Constitution. How can there be then a ‘fair trial’, a fundamental right required to be ensured by this Court by Article 13 of the Constitution? This Court is obliged not to permit the violation of the fundamental rights of the accused. This Court is mandated by Article 4 of the Constitution to “respect, secure and advance” compliance with the fundamental rights of the citizens, Zuhair PC said.

The accused in this case are also in remand without a valid judicial order contrary to the judgment of the Supreme Court in Weerawansa vs Attorney General, the President’s Counsel submitted further.

Senior State Counsel Wasantha Perera submitted that this is a case in which the accused had been conspiring over a period of time at different places in the country and that the attack had been carried out in furtherance of that conspiracy and that he objects to the accused being granted bail as the trial dates have now been scheduled. The High Court Trial-at-Bar reserved order on the application for bail.

Sasika Perera for the 3rd, 4th and 14th Accused raised a preliminary objection to the Indictment that certain counts in the Indictment were not in conformity with the Code of Criminal Procedure Act as there were more than three incidents covering a period of more than one year and that the Indictment in the present form cannot be maintained in law. Court reserved order on the objection for 23/02/2022.

SSC Wasantha Perera with SC Harindra Jayasinghe, SC Udara Karunatilake and SC Sajin Bandara appeared for the prosecution.

M M Zuhair PC with M C M Muneer, M I M Naleem and Rizwan Uvais appeared for the 1st, 2nd, 5th, 12th, 13th and 16th Accused. Sashika Perera with M Mubeen appeared for the 3rd, 4th and 14th Accused. Sampath Hewapathirana with Avdan Singh appeared for the 15th accused. Gazzali Hussain with Thushari Warapitiya appeared for the 9th Accused. Rushdhie Habeeb with M Imtiaz appeared for the 6th, 7th, 8th, 10th and 11th accused as Counsel assigned by the State.

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Buddhist hierarchy demands prison perks for monk convicts

Published

4 hours ago

2026/10/18

Thilina Walpola

MONETABRIEF– Sri Lanka’s two most senior Buddhist chapters, Malwatte and Asgiriya, demanded special concessions for monks serving prison sentences, following the disrobing of convicted monk Ven. Galagodaatte Gnanasara in line with established procedures.

The chief prelate of the Asgiriya chapter, Most Venerable Warakagoda Sri Gnanarathana, told Prisons Commissioner Senaka Palletenna that Ven. Gnanasara, who is serving a six-year sentence for contempt of court, must be released immediately.

Prison authorities have no power to release or pardon convicts, but Palletenna told the monk in Kandy on Friday that he would convey his request to the relevant government authorities.

“There is no point in talking about this and that… The entire country has been shaken (??????? ) . He must be released,” the Asgiriya chief prelate said.

The Malwatte chief prelate, Most Venerable Thibbatuwawe Sri Siddhartha Sumangala, appeared to accept the court verdict against Ven. Gnanasara, but asked the prisons chief whether a separate section could be established for convicted monks.

Palletenna noted that a special ward for the clergy already existed at Welikada Prison.

At least 63 convicted Buddhist monks are currently incarcerated within Sri Lanka’s criminal justice system.

Meanwhile, a group of 34 Buddhist monks named in a Colombo Fort Magistrate’s Court order to vacate the vicinity of the Presidential Secretariat ended their protest and dispersed after lunch on Friday.The monks are demanding an unconditional pardon for Ven. Gnanasara, who has previously been imprisoned, making him a reconvicted prisoner.

News

Debate on NCM against Speaker postponed indefinitely

Published

4 hours ago

2026/10/18

Thilina Walpola

The debate on the no-confidence motion against Speaker Dr. Jagath Wickramaratne, submitted by the Samagi Jana Balawegaya (SJB), has been postponed indefinitely pending the Attorney General’s opinion on certain technical issues in the motion.

Government representatives raised the matter at a meeting of the Committee on Parliamentary Business, pointing out that several provisions of the motion required clarification and that the Attorney General’s advice should be obtained.

As obtaining the opinion would take time, the debate could not be scheduled for the next parliamentary week, parliamentary sources said.

Chief Opposition Whip Gayantha Karunatilaka said a date for the debate would be decided after the Attorney General’s advice was received.

Meanwhile, Parliament is scheduled to meet from October 20 to 23, Secretary General of Parliament Kushani Rohanadeera announced.

The parliamentary business for the week was finalised at a meeting of the Committee on Parliamentary Business held on Friday (16) under the chairmanship of Deputy Speaker Dr. Rizvie Salih.

On each sitting day, the period from 9.30 a.m. to 10 a.m. will be allocated for parliamentary business under Items 1 to 6 of Standing Order 22. Questions for Oral Answers will be taken up from 10 a.m. to 11 a.m., followed by questions under Standing Order 27(2) from 11 a.m. to 11.30 a.m.

On Tuesday, October 20, an Opposition-sponsored Adjournment Motion will be debated from 11.30 a.m. to 5.30 p.m.

On Wednesday, October 21, a resolution under the Public Debt Management Act and a Supplementary Estimate will be taken up for debate and approval from 11.30 a.m. to 5 p.m. The annual reports of five statutory institutions will subsequently be presented for approval without debate, while questions at the Adjournment Time will be taken up from 5 p.m. to 5.30 p.m.

On Thursday, October 22, the Second Reading debates on two Bills to amend the Poisons, Opium and Dangerous Drugs Ordinance (Bills Nos. 79 and 80) will be held from 11.30 a.m. to 5 p.m.

The annual reports of five statutory institutions will then be taken up for approval without debate, followed by an Opposition-sponsored Adjournment Motion from 5 p.m. to 5.30 p.m.

On Friday, October 23, the Second Reading debate on the Elimination of Rabies and Registration of Dogs Bill will be held from 11.30 a.m. to 5 p.m. A Government-sponsored Adjournment Motion will be debated during the final half-hour of the sitting.

News

Karannagoda pushed for £24,536 for Yoshitha’s UK training, Court told

Published

4 hours ago

2026/10/18

Thilina Walpola

Former Navy Commander Admiral Wasantha Karannagoda had, by letter dated May 19, 2014, requested the Secretary to the Ministry of Defence to approve the funds required for former Navy Lieutenant Yoshitha Rajapaksa, son of former President Mahinda Rajapaksa, to attend the Royal Navy Young Officers Course at the Royal Navy Training College in the United Kingdom, the Colombo High Court was told on Thursday (15).

The court was informed that £24,536 in public funds had been spent on the training programme. The details emerged during testimony by a Navy representative appearing on behalf of former Navy Commander Admiral Travis Sinniah before Colombo High Court Judge Udesh Ranatunga, when the money laundering case against Rajapaksa was taken up for hearing.

Responding to questions during cross-examination, the witness explained that payments for Navy officers attending overseas training programmes were generally made in foreign currencies, including US dollars and British pounds.

Meanwhile, Navy Captain Nuwan Thushara Arangala, testifying for the prosecution, told court that Rajapaksa had received a total of Rs. 5,159,626.37 in salaries and allowances during his nine years of service in the Navy.

The court was informed that Rajapaksa had served as a Navy Lieutenant from December 14, 2006, to February 28, 2017, although his service had been suspended on February 28, 2016.

According to the testimony, his monthly gross salary was Rs. 16,390, in addition to allowances for food, uniforms, housing and special duties.

The witness clarified that these allowances did not include payments made for overseas training programmes or participation in sporting events while representing the Navy.

During the proceedings, the prosecution also submitted Rajapaksa’s annual declarations of assets and liabilities for the period from 2009 to 2015.

A National Savings Bank official also testified regarding savings accounts and fixed deposits maintained by Rajapaksa, stating that no withdrawals had been made from the accounts since they were opened.

Rajapaksa is facing charges under the Prevention of Money Laundering Act over his alleged failure to explain the source of nearly Rs. 735 million acquired between August 1, 2012, and August 29, 2013, in Rajagiriya and Bambalapitiya.

The prosecution alleges that funds suspected to have been derived from unlawful activities were deposited in bank accounts and fixed deposits.

The court also heard testimony concerning the appointment of a guardian for Daisy Forrest, the second defendant in the case, and matters relating to the clearance of an imported outside broadcasting (OB) truck associated with CSN television.

Further examination of witnesses was scheduled for October 30, with the court directing 11 prosecution witnesses to appear on that date.