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by K.D. Jayasekara, Trincomalee Group Correspondent

The Trincomalee Magistrate S. Thiagendran Monday cancelled the arrest warrant issued against LTTE area leader Thooyavan over the reconstruction of the LTTE memorial at the Gopalapuram junction in Nilaveli and dismissed the case.

The Kuchchaveli Police under Section 81 of the Criminal Procedure Code produced a B report stating the construction of the memorial could pose a threat to peace in the area and an arrest order on Thooyavan was issued after he defied two magistrate's orders to be present at the court.

Thooyavan's counsel, Sivapalan in his submission said that people of the area repaired the LTTE war memorial and not the respondent. He pointed out that although the damaged war memorial was under repair for more than a month no action was taken adding that the police had filed the action only after the Navy took up the issue.

Sivapalan further said the police had filed action under section 81 without any complaint from any community or group.

In its report, the Kuchchaveli Police requested the court to issue an injunction banning the construction of the LTTE memorial as it could pose threat to peace in the area between Tamils and Muslims.

Police said that the war memorial was being constructed on a state land belonging to the Road Development Authority and it was a violation of the Memorandum of Understanding signed by the government and the LTTE.

The Magistrate however allowed the application by the counsel for the respondent and dismissed the action filed by the Kuchchaveli Police and ordered to recall the warrant issued on the respondent Thooyavan.

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