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Bail for Udathalawinna murder accused : SC requests petition of appeal from Trial-at-Bar

by Wasantha Ramanayake

The Five Judge Bench of the Supreme Court yesterday, directed the Trial-at-Bar hearing the Udathalawinna mass murder case to forward the petition of appeal and other relevant documents seeking bail on behalf of the accused-appellants to the Supreme Court.

The application was sequel to an application by accused-appellants' counsel D.S. Wijesinghe PC Senior State Counsel Shavindra Fernando did not object to it but said that the trial should proceed.

The Bench comprised Chief Justice Sarath N. Silva PC and Justices P. Edussuriya, H.S. Yapa, Asoka de Silva and T.B. Weerasuriya.

15 motions were filed in terms of the Section 451(3) of the Code of Criminal Procedure Act seeking to set aside the order of the Trial-at-Bar rejecting the bail applications made on behalf of the accused-appellants, on April 3. They also sought to enlarge them on bail.

D. S. Wijesinghe PC, counsel for the accused-appellants submitted that bail applications made on behalf of accused-appellants on April 3, were rejected by the Trial-at-Bar by two to one.

Subsequently, on April 23, they tendered petition of appeals from the said order to the Trial-at-Bar to be forwarded to the Supreme Court. He alleged that the said appeals were unanimously rejected by the Trial-at-Bar. He further alleged that it was illegal and the Trial-at-Bar had no jurisdiction to do so.

Senior State Counsel Shavindra Fernando submitted that the case was in a crucial stage since the key eye-witnesses were testifying before the Trial-at-Bar and if the court granted bail it would have a bearing on them. He further submitted that he would be in a better position to express his views on the matter in three weeks time.

Accused-petitioners former Deputy Defence Minister Anuruddha Ratwatte, his two sons Lohan and Chanuka Ratwatte, W.M.R.B. Dharmasiri Wijayaratne, H.M.S. Chandrasiri de Silva, G.B.H.G. Kamal Wijeratne, E.M. Anura Kumara, D.M.B. Suranga Dissanayake, K.P.N. Rohana Kuruppu, M.K.C. Indika Wijeratne, S.N.D. Siriwardane,D.M. Mahinda Dissanayake, Shane Wanigasekara, Nalin Wasantha Rathgama and Kingsley Vitharana filed the applications.

D.S. Wijesinghe PC instructed by Gaston Jayakody appeared for accused-appellants.

Senior State Counsel Shavindra Fernando appeared for the Attorney General.

Inquiry was put off for June 5.

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