Tuesday, 13 January 2004  
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Case involving Telecom boss 

Verdict on warrant issue today 

by Sarath Malalasekera

Telecom Chairman and Sri Lanka Cricket President Thilanga Sumathipala was fit to attend court on January 8, Consultant Colombo Judicial Medical Officer (JMO) Dr. L. B. L. de Alwis said.

Dr. de Alwis in his report to Colombo Chief Magistrate and Additional District Judge E. M. Y. T. B. Boyagoda, on Sumathipala's health condition stated that "at the time of his examination, the patient was not suffering from any serious medical condition to prevent him from attending Court on January 8, 2004. He (Thilanga Sumithipala) is fit to attend Court on January 8, 2004."

However, Dr. de Alwis submitted, as stated by the patient and as indicated on the bed head ticket, Apollo hospital, the urologist recommended surgery for the removal of the kidney stone and the surgery was fixed for January 11, 2004.

"In case the patient undergoes surgery on Sunday, he would then be unfit to attend Court until he recovers from surgery," the JMO stated in his report.

"In my opinion," the JMO said "the nature of the pain experienced by the patient is not typical of kidney stones (kidney 3mm in size) and further the stone is very small and does not need surgical removal immediately."

At this stage, the Judge inquired from the defence counsel whether the patient had been operated on Sunday or not.

Defence Counsel: We are moving to obtain a second opinion in connection with our client's health condition.

Senior State Counsel Vijitha Malalgoda objected to the defence counsel's application and said on the last date, the defence counsel agreed to examine their client by a Government Medical Officer and to accept his report. Dr. de Alwis who on a Court order, examined Sumithipala, warded at Apollo Hospital room number 6030, yesterday submitted a three-typed page report to court.

Additional Judicial Medical Officer (AJMO) Dr. H. P. Wijewardena assisted the JMO in conducting the clinical examination on Sumithipala.

The Judge said his order in respect of the application to issue a warrant against Sumathipala and in connection with the JMO's report will be delivered today.

Prison authorities yesterday produced in Court the death certificate of first suspect Dhammika Amarasinghe. Amarasinghe was killed while being taken to the prison cell from Court No. 6 of the Colombo Chief Magistrate's Court on Friday morning. Dr. Jayampathy Wickremaratne PC, Senior Counsel for first suspect Amarasinghe was also present in Court at yesterday's proceedings. Sumithipala is charged with aiding and abetting Amarasinghe to leave the country on a forged passport to witness the World Cup cricket in London.

Senior State Counsel Vijith Malalgoda with Senior State Counsel Priyantha Nawana, State Counsel Dulip Jayakody, Rohana Jayasundera, Shanil Gunaratne and Nirosh Fernando with the CID appeared for the Attorney General.

President's Counsel Rienzie Arsacularatne with Kolitha Dharmawardena, Lakshman Ranasinghe, Niroshana Perera, Harin Gomes, Saliya Perera and Wasantha Batagoda appeared for Sumathipala.

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