Wednesday, 11 February 2004  
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Thilanga Sumathipala case : Notice issued on Commissioner General of Prisons

by Sarath Malalasekera

The Colombo Chief Magistrate and Additional District Judge Sarojini Kusala Weerawardena yesterday issued notice on Commissioner General of Prisons Rumy Marzook to appear before Court tomorrow to explain why he failed to comply with the court order made in respect of Thilanga Sumathipala charged under the Immigration and Emigration Act.

The Judge made this order after the lengthy submissions by Deputy Solicitor General Suhada Gamlath, who brought to court's notice that the Prison authorities had not submitted a report to court yesterday as ordered on an earlier date.

On the last hearing date, Court directed Prison authorities to submit a report in connection with Sumathipala's sickness and inform court whether he had been referred to the Prison medical officer before being transferred to Colombo National Hospital for specialist treatment, DSG Gamlath said.

Answering Court the Deputy Solicitor General said the Prison authorities were fully aware of the order made by court on the last hearing date.

Citing several authorities he submitted that the prison authorities had not followed the court order made on February 2, 2004.

At this stage, President's Counsel Gamini Marapana, senior counsel for Sumathipala, said the matters raised by the State is entirely in the hands of the prison authorities and nothing to do with his client. On an application by the State the Judge directed Colombo JMO Dr. L.B.L. de Alwis to examine Sumathipala and submit a report to court.

The Defence did not object to the amended charges framed by the State against Sumathipala. Marapana moved court to summon the Attorney General to produce several documents obtained from the Cricket Board pertaining to the case.

Former Cricket Board Executives Dhammika Ranatunga and S. Rajasingham were directed to appear in court on the next date to give evidence.

Deputy Solicitor General Suhada Gamlath, Senior State Counsel Vijith Malalgoda, Senior State Counsel Yasantha Kodagoda, Senior State Counsel Priyantha Nawana, State Counsel Rohan Jayasundera appeared for the prosecution with the CID.

President's Counsel Gamini Marapana, Rienzie Arsecularatne, PC, Kolitha Dharmawardena, Dr. Harsha Cabraal, Navin Marapana, Ranajan Sri Kantha, Nirshan Perera, Harin Gomes, Channa Ranasinghe, Ajith Jayatunga and Sampath Soysa appeared for Sumathipala.

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