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| Wednesday, 30 June 2004 |
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by Sarath Malalasekera Senior State Counsel Wasantha Navaratne Bandara representing the Attorney General before Colombo Fort Magistrate and Additional District Judge Sarath C. Karunaratne, yesterday requested court to refuse the anticipatory bail application filed on behalf of former UNP Minister and MP Ravi Karunanayake. The Senior State Counsel in his lengthy submissions, said the court has no power to entertain Karunanayake's anticipatory bail application. He requested the court to reject it. He also submitted to court that if court granted this Anticipatory bail application it would be creating a bad precedent. The Senior State Counsel requested court to refuse the Anticipatory Bail application and allow the police to continue with their ongoing investigations into the alleged fraud. The Senior State Counsel also requested court to grant permission for police to probe the allegations against Karunanayake and three others. President's Counsel K. N. Choksy, Senior Counsel for Karunanayake, moving for anticipatory bail, citing several sections of the Constitution said his client had assisted police in their investigations and he would not leave the country without court permission. K. N. Choksy, PC, observed that the attempt to arrest his client was a politically motivated act designed to tarnish his public image. The Judge reserved his order for July 6 after submissions by both counsel. At the end of the proceedings, Choksy inquired whether police will arrest his client before the order is delivered. The Judge: This court has not issued any warrant for the arrest. Senior State Counsel: Police should be allowed to continue their investigations. All citizens should be treated equally. The judge commented that "the Court will be fair to all parties, while they too have a bounden duty to be fair by the Court". Prior to commencement of proceedings, the judge made a statement in open court that ASP Wedisinghe had inquired from a police officer whether UNP MPs G. L. Peiris and Rajitha Senaratne were in the chambers with the Magistrate. The Magistrate said he would be taking appropriate action against the ASP's conduct. At this stage Kalinga Indatissa, Counsel for Ravi Karunanayake told court that they were prepared to forward affidavits to the fact that the two MPs had not met the Magistrate in his chambers.Counsel said this was a serious matter which could amount to contempt of court. He requested court to bring this matter before the Supreme Court and the Bar Association. ASP C.E. Vidisinghe and Inspector Ruwan Gunasekera, OIC, Colombo Crimes and Corruption Investigation Unit earlier submitted two separate affidavits in connection with the investigation. The Judge reserving his order on the anticipatory bail application, observed that some media had reported that police went to arrest Karunanayake on a court warrant, but court never issued a warrant for his arrest. Police investigators could arrest any person if there was sufficient evidence, without a warrant being issued by a court. President's Counsel K.N. Choksy with Kalinga Indatissa, Shiraz Noordeen, Janaprith Fernando, Niroshan Perera and a team of lawyers appeared for Ravi Karunanayake. The case will be called on July 6. |
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