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| Friday, 5 December 2003 |
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CID files report before Colombo Chief Magistrate by Sarath Malalasekera The Criminal Investigation Department (CID) yesterday filed a 'B' report before the Colombo Chief Magistrate and Additional District Judge A.A.R. Heiyanthuduwa against two suspects, Dhammika Amarasinghe and Sri Lanka Cricket and Sri Lanka Telecom Chairman Thilanga Sumithipala under the Immigration and Emigration Act. Filing the report the CID moved court to issue notice or warrant against the suspects. During the proceedings, the prosecution moved court only to issue notice on the suspects to appear before court on next Wednesday. Considering the lengthy submissions made by the prosecution and the defence, the Judge directed the case to be called on January 8, 2004. After hearing the lengthy submissions by Senior State Counsel Buvaneka Aluvihare, President's Counsel Ananda Wijesekera, President's Counsel Rienzie Arasacularatne, Senior Counsel for Thilanga Sumithipala and Ananda Hettiarachchi, counsel for the first suspect suspect, Dhammika Amarasinghe, the Judge citing several authorities observed that the law is quite clear that a suspect could be arrested under the Immigration and Emigration Act if there is sufficient evidence against him. Therefore, the court need not issue notice or a warrant for the arrest of a suspect. But the CID could follow the law and act accordingly, the Judge said. 'There had been a number of cases under the Immigration and Emigration Act that came up before me on several occasions, but in those instances the prosecution never moved court to issue notice or warrant. Even without a court order, if there is sufficient evidence a suspect could be taken into custody,' the Judge observed. At the outset Ananda Hettiarachchi, Counsel for Dhammika Amarasinghe totally denied the allegations against him that he had travelled to London in 1999 to witness the world cricket cup. The CID had not taken any passport belonging to Buddhika Priyadharshana Godage. The CID had recorded a statement from Mahinda Godage who later made a confession to a Magistrate against his client involving that he had travelled to London on a forged passport. Senior State Counsel Vijitha Malalgoda, who led the prosecuting team, submitted that the second suspect mentioned in the B report, Thilanga Sumithipala, is alleged to have assisted the first suspect to travel to London on forged passport according to the evidence available to the CID. Sumithipala also had assisted to obtained $1500 from Cricket Board funds to be given to the first suspect. Malalgoda said that in the voucher obtained from the Cricket Board for $1500 had disappeared. In place of Godage's name now there is name of one Ahangama. There are evidence to say that Sumithipala is a very close friend of the first suspect, the Senior State Counsel added. President's Counsel Ananda Wijesekera said that the prosecution had to lead evidence before they moved for a warrant against the suspect. President's Counsel Rienzie Arasacularatne inhis submissions said that the CID during their investigations had not found the forged passport, the air ticket which is alleged to have travelled to London, the embakation documents or any reports from the British High Commission regard the visa to the first suspect. Citing several authorities, Arasacularatne said that there is not an iota of evidence against his client to prove that his client had aided and abetted the first suspect to leave the country on a forged passport or had obtained travellers cheques to the first suspect. On an application by Senior State Counsel Vijitha Malalgoda the Judge directed the prisons authorities to produce the first suspect, Dhammika Amarasinghe before court on the next dfate, January 8, 2004. Senior State Counsel Vijitha Malalgoda with Senior State Counsel Shravinda Fernando, State Counsel Shanil Gunaratne and Chief Inspector Mevan Silva of the CID appeared for the prosecution. President's Counsel Ananda Wijeskera, President's Counsel Rienzie Arasacularatne, Kolitha Dharmawardena , Nirosha Perera, Saliya Perera and Wasantha Batagoda appeared for Thilanga Sumithipala. |
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