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SC directs Trial-at-Bar to consider bail applications Udatalawinna

by Wasantha Ramanayake

The five Judge Bench of the Supreme Court yesterday, directed the Trial-at-Bar hearing the Udatalawinna mass murder case to consider the bail applications filed on behalf of the 15 accused including former Deputy Defence Minister Anruddha Ratwatte and his two sons. The order on the said applications should be made prior to June 19.

In terms of the court directives, the Trial-at-Bar is required to consider the said bail applications under the Sec. 14 of the Bail Act No.30 of 1991 and make an order giving reasons as required by Section 15 of the said act, after hearing the Attorney General counsel for all accused and the relevant materials.

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

D.S. Wijesinghe PC, counsel for the accused-appellant submitted that the question of releasing or refusal of the appellants on bail should have been dealt with in terms of Section 14(1) of the said Act and that the reasons for the said order should have been given under Section 15, if the application for bail was refused.

The counsel further submitted that the reason given by the Trial-at-Bar in refusing the said order was not in compliance with Section 15.

Senior State Counsel Shavindra Fernando submitted that the two important eye witnesses were yet to give evidence and the matter of releasing or refusing bail should be considered on the basis of the Bail Act by the Trial-at-Bar.

The 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.

The accused-appellant stated that bail applications made on behalf of them on April 3, were rejected by the Trial-at-Bar followed by a dissenting order. 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. They alleged that the said appeals were unanimously rejected by the Trial-at-Bar. They further alleged that it was illegal and the Trial-at-Bar had no jurisdiction to do so.

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

Senior State Counsel Shavindra Fernando appeared for the Attorney General.

The case will be resumed on June 19. 

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