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| Thursday, 11 December 2003 |
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Thilanga ordered to appear in court next month by Sarath Malalasekera The Colombo Additional Magistrate Namal Balalla yesterday issued notice on Sri Lanka Telecom Chairman and Sri Lanka Cricket Board President Thilanga Sumithipala to appear before the Colombo Chief Magistrate on January 8, 2004. Accepting the plaint filed by the CID under the Immigration and Emigration Act against the two accused Dhammika Amarasinghe and Thilanga Sumithipala the Magistrate said that the Additional Magistrate on December 8, Poya Day, had discharged Thilanga Sumithipala and not acquitted him from the charges. Sumithipala is charged for aiding and abetting the first accused Dhammika Amarasinghe to leave the country to witness the world cup cricket in London on a forged passport. The Magistrate said that there is no necessity to issue warrant against the second suspect Sumithipala. At the outset when the case was called before the Colombo Chief Magistrate and Additional District Judge A. A. R. Heiyanthuduwa said that he was not going to make any order in the case and told the counsel for both parties to appear before the Additional Magistrate Court number two and directed the mudliyar of the court to send the record to that court immediately. Magistrate Balalla observed that the Magistrate who discharged Thilanga Sumithipala had directed the CID to inform court that if they found any material against the suspect Sumithipala. The Magistrate citing a number of authorities rejected the submissions by the defence not to accept the plaint filed by the CID against the suspects. Evidence in a case could be considered only after the trial and not at the time of filing a plaint, the Magistrate observed. The Magistrate in his lengthy order yesterday said that the further report filed before court by the CID make it very clear that they have completed the investigations against the suspects. According to the Senior State Counsel Vijith Malalgoda there is sufficient evidence to commence trial against the suspects. On December 8 Thilanga Sumithpala who surrendered before the Colombo Additional Magistrate Gamlath Aarchchi through his lawyers was discharged after submissions by senior counsel for Sumithipala. Senior State Counsel Vijith Malalgoda rejected the submissions made by Senior Counsel Arasacularatne that the Attorney General's Department showing undue interest regarding this case and filed a plaint within few days. 'We filed plaint only after CID completed the investigations into the case', the Senior State Counsel said. Earlier, President's Counsel Rienzie Arasacularatne objected to the plaint being filed against his client when there is not an iota of evidence against him. Senior State Counsel Vijith Malalgoda with State Counsel Shanil Gunaratne and Ms. Nirosh Fernando with the CID appeared for the Attorney General. Earlier the Colombo Chief Magistrate directed the prisons authorities to produce the first accused Dhammika Amarasinghe before court on January 8, 2004. President's Counsel Ananda Wijeskera, President's Counsel Rienzie Arasacularatne, Kolitha Dharmawardena, Niroshana Perera, Harin Gomes, Saliya Perera and Wasantha Batagoda appeared for Thilanga Sumithipala. Anton Senanayake with Chandra Senanayake appeared for Dhammika Amarasinghe. |
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