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

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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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Sun directly overhead Bentota, Thiniyawala, Iththakanda, Udawalawe, and Kataragama about 12.08 noon t9day (06)

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The sun is going to be directly over the latitudes of Sri Lanka from  28th of August to 07th of September due to its apparent southward relative motion.

The nearest places of Sri Lanka over which the sun is
overhead today (06) are Bentota, Thiniyawala, Iththakanda, Udawalawe, and Kataragama about 12.08 noon

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UN welcomes Lanka’s anti-graft drive, seeks end to impunity

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MONETABRIEF –The UN human rights chief on Thursday welcomed Sri Lanka’s robust anti-corruption drive but urged President Anura Kumara Dissanayake to apply the same vigour to ending impunity for continuing rights abuses.

In its latest report to the UN Human Rights Council in Geneva, High Commissioner Volker Turk noted that cases of torture and deaths in custody continued to be reported in Sri Lanka despite the change of administration.

“While it is encouraging that the Sri Lankan authorities have taken action to address corruption cases and some crimes linked to the post-war period, more needs to be done to end the long legacy of impunity in the country,” the rights chief said.

His report, covering October 2025 to July 2026, notes steps to tackle corruption, including high-profile arrests and investigations linked to political killings, enforced disappearances and the 2019 Easter Sunday attacks.

He said it had been a difficult period for Mr Dissanayake’s new government, following the devastating Cyclone Ditwah which killed some 650 people and devastated much of the island and a global spike in energy prices.

The report noted that the Human Rights Commission of Sri Lanka had documented 602 cases of torture and ill-treatment in 2025 and 138 cases by April 2026.

The local commission also reported 18 deaths in custody last year and a further three by April this year. In one such case, a 40-year-old inmate detained for a minor drug-related offence died at Welikada Prison in Colombo on 3 May, allegedly from severe beatings.

“This Government still has an opportunity to turn the tide on decades of abuse of executive power, repressive laws and custodial violence, and entrenched impunity,” Turk said.

He regretted that the government had yet to deliver on its promise of legal and institutional reforms and continued to apply the repressive Prevention of Terrorism Act (PTA), resulting in arbitrary arrests and prolonged detention without charge.

Civil society actors, activists and journalists remained subject to state surveillance, while tensions over land and religious sites continued to simmer, the report said.

It also highlighted violent riots at Negombo Prison in July, which left at least 32 dead, underscoring the urgent need for prison reform to address systemic issues, including severe overcrowding.

The UN Human Rights Office had received at least 16 allegations of surveillance against civil society actors, activists and journalists, the report said.

There was “a clear and continuing pattern of state surveillance, intimidation and reprisals by military and intelligence officials, including from the Criminal Investigations Department or the Terrorism Investigation Division”.

“Individuals are repeatedly questioned about their travels, especially to Geneva and engagement with UN human rights processes, as well as their organizational affiliations, funding sources, and participation in protests or commemorative events.”

While the Government had continued to denounce racism and promote national unity, wider efforts to ensure truth and justice risked stalling and the momentum for transformative change being lost, the report warned.

Failures to effectively investigate and prosecute crimes under international law allegedly committed during the armed conflict persisted.

“It is crucial that there is decisive and meaningful action toward accountability for crimes and violations by all parties during the more than two-decade armed conflict,” Turk said.

He noted the recent decision by the Attorney-General to indict former Eastern Province Chief Minister Sivanesathurai Chandrakanthan, also known as Pillayan, and three others in connection with the abduction and murder of former Eastern University Vice-Chancellor Professor Sivasubramaniam Raveendranath in 2006.

“It is, however, regrettable that many other serious emblematic cases remain stalled for years, including the killing of 17 Action Contre La Faim aid workers in Muttur 20 years ago,” he said, calling for meaningful steps to resolve such delays.

The High Commissioner urged Sri Lanka to redouble its reconciliation and accountability efforts. He called for a moratorium on the use of the Prevention of Terrorism Act pending its repeal, as well as the release of long-term detainees held under it.

He also called for all individuals credibly accused of human rights violations to be excluded from senior positions in government, the security sector or the diplomatic service until such allegations were genuinely addressed and resolved.

He urged the Government to support victims’ memorialisation initiatives and to release military-occupied lands.

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Dispute which triggered listed company director being detained at BIA resolved

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A dispute between a wholly owned subsidiary  of Lanka Realty Investments PLC, Mulberry Holdings (Pvt) Ltd., and a contractor, Omni Engineering & Trading Solutions, that resulted in Executive Director Hisham Jamaldeen of Lanka Realty being stopped at Katunayake and prevented from leaving on a business visit to the UK has been resolved with Jamaldeen bailed and the travel ban imposed on him revoked by the Maligakanda Magistrate, Lanka Realty’s said in a Stock Exchange filing last week.

This followed Mulberry agreeing to pay Rs. 25 million to Omni on or before Sept. 26.

Following media reports of Jamaldeen being prevented from leaving the country at the BIA, Lanka Realty made two Stock Exchange filings on Sept. 3 – the first detailing the dispute between the two parties and the second indicating that the matter had been settled.

In the first filing, the Secretaries for Lanka Realty said:

“The article refers to Mr. Mohamed Hisham Jamaldeen, Executive Director of Lanka Realty Investments PLC and a Director of Mulberry Holdings (Pvt) Ltd, a wholly owned subsidiary of the Company and the developer of “Mulberry Residences” in Colombo 10.

“Mulberry Holdings (Pvt) Ltd entered into a construction contract with Mr. Randika of M/s Omni Engineering & Trading Solutions on 21st June 2022 for a sum of LKR 32,854,992.00), which is less than 1% of the total value of the “Mulberry Residences” Project which is around LKR 3.6 Billion.

“The said contract is governed by the CIDA/SBD1 Standard Bidding Document Conditions of Contract, which provides for adjudication and, if required, arbitration as the applicable dispute resolution process. The Company understands that the underlying matter relates to a contractual payment dispute involving Mulberry Holdings (Pvt) Ltd’s aforcsaid contract.

“Following a call received from the Colombo Crime Division (CCD), Mr. Jamaldeen went to the CCD on 25th August 2026 and provided a statement in relation to the matter inter alia explaining that the matter in dispute was arising from a civil contract. He was not arrested on that date and was not informed at that time or thereafter prior to receiving information at the Airport, that a travel ban had been imposed.

“On 2nd September 2026, while travelling overseas for business on a pre-arranged itinerary, Mr. Jamaldeen was informed at immigration of a travel ban imposed on 24th August 2026, following which he was arrested by the CCD. A bail application is expected to be made when Mr. Jamaldeen is produced before the Magistrate’s Court of Maligakanda today, 3rd September 2026.”

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