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| Friday, 9 January 2004 |
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by Sarath Malalasekera Colombo Chief Magistrate and Additional District Judge E. M. Y. T. B. Boyagoda yesterday directed Colombo Judicial Medical Officer (JMO) Dr. L.B.L. de Alwis to examine Sri Lanka Telecom Chairman and Sri Lanka Cricket President Thilanga Sumathipala, warded at Apollo Hospital room number 6030 and submit a report to court on or before Monday. The Judge said his order in respect of the application to issue a warrant against second suspect Sumathipala will also be delivered on Monday. The Judge also directed the Prison authorities to produce first suspect Dhammika Amarasinghe, in remand custody in another case, before court on Monday. Lakshman Ranasinghe, counsel for Sumathipala yesterday submitted a medical certificate issued by Apollo Hospital and said his client suddenly fell ill while having a consultation on December 6 and had rushed to the Apollo Hospital for urgent treatment. President's Counsel Rienzie Arasacularatne, senior counsel for Sumathipala, submitted that the order made on December 10 issuing notice on the suspect to appear before court is illegal and requested the court to vacate that order. In his lengthy submissions, Arasacularatne said the December 10 order is per-incuriam and moved court to reject it. Dr. Jayampathy Wickremaratne PC, Senior Counsel for Amerasinghe, submitted to court that his client had never received any summons or notice to appear before court. His client was produced yesterday before court by the Prison authorities not in connection with the case pending before the Chief Magistrate's court. Dr. Wickremaratne also told court that his client was not aware of this case nor was there a warrant issued against him. Senior State Counsel Vijitha Malalgoda, who led the prosecution team, objected to President's Counsel Arasacularatne's application and said that Sumathipala had been discharged on December 8, 2003 without the original record before court. According to law, if a suspect is discharged he could be charged for the same offence again on a fresh plaint. Malalgoda in his lengthy legal submissions told court that the Additional Magistrate's December 10 order was a valid order. It is very clear that the Attorney General's Department had not taken any special interest regarding the investigation against the suspects in this case. He said that the Additional Magistrate accepting the plaint filed by the CID under the Immigration and Emigration Act against Amarasinghe and Sumathipala said the Additional Magistrate on December 8, Poya Day, had discharged Sumathipala and not acquitted him from the charges. Sumathipala is charged with aiding and abetting Amarasinghe to leave the country to witness the World Cup cricket in London on a forged passport. Senior State Counsel Vijith Malalgoda with Senior State Counsel Priyantha Nawanna, State Counsel Dulip Jayakody, Rohana Jayasundera, Shanil Gunaratne and Nirosh Fernando with the CID appeared for the Attorney General. President's Counsel Rienzie Arasacularatne, Kolitha Dharmawardena, Lakshman Ranasinghe, Niroshana Perera, Harin Gomes, Saliya Perera and Wasantha Batagoda appeared for Sumathipala. Dr. Jayampathy Wickremaratne PC with Anton Senanayake, Chandra Senanayake and Gaston Jayakody appeared for Amarasinghe. H.G. Hussain watched the interest of witness R.M. Amerasinghe. |
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