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| Saturday, 19 June 2004 |
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by Indeewara Thilakarathne The Court of Appeal yesterday ordered the Navy Commander and other respondents to re-enlist a navy officer to the rank of petty officer with back wages.The verdict was sequel to a writ application made by the petitioner against the conviction,imprisonment and dismissal of him from service. The bench comprised President Court of Appeal Saleem Marshoof PC and Justice K. Sripavan. The petitioner has cited Commanding Officer of Sri Lanka Navy Ship 'Gemunu', Captain W.K.M.N. Weerakoon, Commander of the Sri Lanka Navy and Attorney General as respondents. The petitioner states that he joined the Navy as a Sailor and was promoted to the rank of Able Seaman in 1993 and later to the rank of Leading Seaman in 1997. The petitioner further states while serving in the Navy ship "Gamunu" the petitioner was transferred to the naval base at Kirinda implicating him in the alleged loss of a pistol from the main armoury of the ship which the petitioner claims was recovered later. The petitioner was kept under 'close arrest' from September 4, 2001 to January 8, 2002. The petitioner further states that the six other officers who were arrested with the petitioner were released on September 4, 2001 while he continued in detention. The petitioner also states that whilst in custody he was tortured and the first respondent had obtained his signature on several documents by force. The petitioner states that he was charged on six counts in terms of Section 61, 69 and 104 of the Navy Act followed by a summary trial conducted by first respondent. After the said trial the petitioner was sentenced to imprisonment for 120 days in addition to dismissing him from the Navy. The petitioner further states that he was not offered the option of either a summary trial or a Court marshal and prayed that the said conviction, sentence of imprisonment and the order of dismissal from the service are unreasonable, arbitrary, illegal and mala fide and ultra vires. Therefore he prayed for writs of mandamus directing the respondents to re-enlist petitioner with back wages and certiorari quashing the said conviction, imprisonment and dismissal petitioner from the service. Accordingly the Court granted writs of Certiorari and mandamus as prayed by the petitioner. Counsel Saliya Peiris with Chamath Madanayake appeared for the petitioner while Nalinda Indratissa with Gamini Silva appeared for the 1st respondent. Deputy Solicitor General L.M.K. Arulanandan with Uresha De Silva appeared for the 2nd and 3rd respondents. |
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