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| Friday, 13 February 2004 |
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by Sarath Malalasekera Colombo Chief Magistrate and Additional District Judge Sarojini Kusala Weerawardena yesterday directed the Welikada Prison Superintendent to remove Thilanga Sumathipala to the Remand Prison Hospital and obtain instructions from the prison doctor whether Sumathipala should be sent to the Colombo National Hospital for specialist treatment or whether he could be treated at the Prison Hospital. At the outset, President's Counsel M.L.M. Ameen appearing for the Commissioner General of Prisons Rumy Marzook, who appeared on notice yesterday, said as appeared in the media, the Prison Commissioner General did not receive any notice from court to submit a report in connection with the Sumathipala case. Citing the Prison Ordinance, Ameen submitted to court that no proper notice was received by the Commissioner General to make any order or to submit reports to court. The suspect had come to court from the Colombo National Hospital on the day the remand order was made. After the remanding order was made, the suspect was taken back to the National Hospital. Until the suspect is discharged from the National Hospital, he would not have been taken to the Remand Hospital, Ameen submitted. At this stage, answering Court, Deputy Solicitor General Suhada Gamlath accepted the position that no order had been sent to the Commissioner General of Prison calling for any report regarding the suspect. Deputy Solicitor General - I apologise if any inconvenience has been caused to the Commissioner General of Prisons. After the submissions by Ameen and the Deputy Solicitor General, the Judge observed that the Court was satisfied with the submissions and released the Commissioner General of Prison from the proceedings. President's Counsel Gamini Marapana, Senior Counsel for Sumathipala, submitted that before the Court filed action against his client, certain media had made several allegations against him and already convicted his client. This is a very unfair situation, it could tantamount to contempt of court and deprive to conduct a fair trial. Marapana said his client was sent to the Colombo National Hospital on a court order to obtain specialist treatment which was not available in the Remand Prison. The JMO's report also stated that he should obtain a report from the doctor who is treating the suspect. The authorities had been provided with several security personnel on the suspect's request as there is a threat to his life. DSG Gamlath submitted that the prosecution was not involved in the media or not attempting to harass the suspect. "We only wanted to know that the Prison Authorities had carried out the court order made earlier that the suspect to be taken to the Welikada Remand Prison Hospital and obtain orders from the Prison Doctor whether he needed any specialised treatment," he said. Dhammika Ranatunga examined by DSG Gamlath, who led the prosecuting team, said he was employed abroad. He joined the Sri Lanka Cricket Board in 1996. His duties were to develop cricket in Sri Lanka and to communicate with the International Cricket Council. There were 21 members including executives in the Cricket Board. Sumathipala was the Chairman of the Board. Payments are made on the direction of the Board. If any person made payment without the authorisation by the Cricket Board Funds, it is illegal, Ranatunga said. As Ranatunga could give the exact dates of several decisions made by the Board, the Judge directed the State to provide him with those documents to be prepared for the next date. The proceedings were adjourned until February 17 at 2.15 p.m. |
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