Bail application of Capt Senaka Silva

Order reserved for Dec 13

Sarath Malalasekera

Colombo High Court Judge Depali Wijesundera yesterday reserved its order for December 13, in respect of an application for bail for Capt Senaka de Silva, the second accused in a case where Sarath Fonseka is charged for harbouring forces’ deserters during the election campaign.

Sarath Fonseka is charged with harbouring deserters during the election campaign and Capt Senaka de Silva is charged with aiding and abetting Sarath Fonseka. Senior Attorney Upul Jayasuriya, Senior Counsel for Capt Senaka de Silva moving for bail submitted to Court that this Court has power to grant bail for his client under the law.

Citing several authorities the Senior Defence Counsel submitted that this Court is free to consider granting bail for the suspect.

The Senior State Counsel Titus Totawatta who appeared with State Counsel Yohan Liyanage for the prosecution vehemently objected the suspect being released on bail.

The Senior State Counsel submitted that the suspect had been convicted by a High Court.

The suspect is also having a case before the Colombo Fort Magistrate’s Court in respect of several millions of rupees.

Therefore, if he was released on bail the accused will not attend Court in the future.

Senior Defence Counsel Jayasuriya said that his client has no cases before any other Courts in the country other than the present case and he will not abscond if the Court granted bail to him.

Senior Attorney Nalin Ladduwahetty, Senior Counsel for Sarath Fonseka with U L G Bandara, Ajith Pathirana, Janadith de Silva, Nirshan Perera, Mervyn de Silva and several other attorneys appeared for Sarath Fonseka.

Senior Attorney Upul Jayasuriya with Attorney P Radhakrishna appeared for Capt Senaka de Silva.