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| Monday, 11 August 2003 |
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Court of Appeal puts off further hearing by Indeewara Thilakarathne The Court of Appeal yesterday put off the case filed by Former Minister and National Organizer of SLFP Mangala Samaraweera against directive by Solicitor General C. R. De Silva informing the Gampaha Magistrate not to proceed with the case initiated against Former SSP Douglas Peiris, for September 2, 2003. The Counsel for the petitioner Saliya Peiris submitted that the 1st respondent came to Sri Lanka on a false passport along with CID officials. The third respondent had informed the Magistrate not proceed with the case initiated under the Immigration and Emigration Act and after the lapse of two and half years the first respondent was arrested with a false embarkation card and a passport bearing the name of D. V. Amerasinghe. The counsel also submitted that first respondent Douglas Peiris had set out the circumstances under which he came to Sri Lanka in the case initiated at the Magistrate Court of Gampaha. Solicitor General C. R. de Silva, third respondent, submitted that first respondent had allegedly used a false passport to arrive in Sri Lanka. The counsel further stated that against the backdrop of several pending cases and warrants against him the first respondent had left Sri Lanka in July 1996 on a passport issued in the name of Thalpawila with the first respondent's photo affixed on it. Thereafter he surfaced in Switzerland and later in Chennai. In Chennai the first respondent met two politicians and expressed his desire to come to Sri Lanka. It was also decided that once he arrived in Sri Lanka he was to take up the position that he obtained the past post with the assistance of then Opposition Leader and present Prime Minister Ranil Wickremesinghe and another minister. Then the DIG (CID) Gajanayaka and IP Linton met the first respondent at the Deputy High Commission in Madras where the first respondent was given a passport and emergency certificate in the presence of Mathan Gopal of Madras High Courts. Thereafter he travelled to Sri Lanka with CID officials DIG Gajanayaka and IP Linton on a forged passport and arrived on August 3. Upon arrival a statement was taken from the first respondent by the CID. However he was not issued a new passport. The Counsel further submitted that the 2nd respondent and the AG had examined the materials pertaining to the case. On August 10/11 the first respondent reneged on his own statement by an affidavit to the effect that CID brought him to Sri Lanka on a false passport. Subsequently on August 22, CID informed the Court that the 1st respondent arrived in Sri Lanka on a false passport. Ananda Wijesekara PC and Madhan Gopal, Counsel of Madras High Court tendered affidavits on August 3, 2003 stating inter alia that the first respondent was in possession of an invalid passport and that he possessed a false passport bearing some one else's name. The counsel admitted that the CID at that stage took an entirely different stance and prepared an embarkation card to suit the passport. He further submitted in as early as July he had served indictment on Douglas Peiris and instructed the CID to charge him with possessing a forged passport. Solicitor General C. R. de Silva accused the petitioner of making a frivolous application without any sense of responsibility. The Counsel objected to notices being issued on the respondents. The counsel for the petitioner Saliya Peiris submitted that his application was not frivolous as stated by the Solicitor General and that his case may be heard and thereafter the court could decide whether to issue or not to issue notice as prayed by the petitioner. Further hearing put off for September 2, 2003. |
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