Tissasnayagam's bail decision postponed

Sandasen Marasinghe

Colombo High Court Judge Deepali Wijesundara yesterday postponed the decision for January 13, 2009 to decide on the bail application of J.S. Tissanayagam whether it should be allowed before the Supreme Court. Court has already heard submissions from the prosecution and defence.

The Attorney General's Department filed indictment against Jeyaprakasan Sittappalam Thissanayagam on three counts for conspiring to publish North Eastern Monthly magazine between June 01, 2006 to June 01, 2007 and publishing the magazine as a result of the conspiracy.

The publication was defaming the Government and rousing communal disharmony, it was claimed. According to the indictment he had obtained funds from Non Government Organisations to publish the magazine.

The Colombo High Court on an earlier date refused to grant bail to J.S. Tissanayagam on the grounds that he was indicted under the Prevention of Terrorism Act and Emergency Regulations.

Defence Counsel Anil Silva appearing for Tissanayagam in his submissions requested yesterday to allow the bail application before the Supreme Court.

State Counsel Sudarshana de Silva who appeared for the prosecution objected stating that the bail application moved on August 25, 2008 was refused by this Court.

It was refused under section 15 (2) of the Prevention of Terrorism Act as amended which stated that a person be kept in remand custody until the end of the hearing of case who had been indicted under the Prevention of Terrorism Act.

Based on this the accused is kept in remand custody and the prosecution objected to the submissions by the defence.

State Counsel Sudarshana de Silva appeared for prosecution while Attorneys-at-Law Anil Silva and Nalin Ladduwahetti appeared for the defence with Gihan Gunatilake, Namal Perera, Shamen Gunaratne and Aruna Ihalavidana.