Tuesday Sep 10, 2024
Tuesday Sep 10, 2024
Thursday, 20 May 2021 03:27 - - {{hitsCtrl.values.hits}}
The revision application against the refusal of the High Court of Gampaha to grant former CID Director Shani Abeysekara was taken up yesterday in the Appeal Court before Justice Bandula Karunaratne and Justice P. Kumaratnam.
The case was taken up after a motion urging that the case be taken up for inquiry despite the postponement of most cases due to COVID-19 due to urgency was filed through Instructing Attorney for Abeysekara, Gowrie Shangari Thavarasha. When the case was taken up at 10 a.m. the Court informed that Justice P. Kumararatnam wished to recuse himself from the case. Therefore, the case couldn’t be taken up for inquiry.
Additional Solicitor General Rohantha Abeysooriya, appearing for the CID and AG, said that the AG’s Department was still looking into the matter and that if the matter wasn’t resolved, he would file objections shortly.
Counsel for Abeysekara pointed out that many dates had been given and agreed to by the petitioner for filing of objections if any, placing faith in the AG to act fairly.
However he complained to Court that nothing had been done to secure justice for Abeysekara so far, nor had any objections been filed. He said that it was unsatisfactory for the AG to delay the matter any further, and that he was making application to Court not to allow the matter to be delayed in this manner.
He pointed out that Shani Abeysekara was arguably Sri Lanka’s finest investigator (sometimes called “Sri Lanka’s Sherlock Holmes”), and had been successful in many key cases, including a case where attempt was made to assassinate the Head of State.
Now, because former DIG Vaas Gunawardena who was convicted by the High Court for murder of Mohomed Shiyam wanted to succeed in an appeal against his conviction that is pending in the Supreme Court by raising doubts, a fabricated scenario and manipulations through powerful people who don’t like Abeysekara were being resorted to. It was an abuse of authority by criminal elements, of which Abeysekara was the victim.
Even his life is in danger, as he has health complications (high blood pressure, diabetes and heart problems) and is 59+ years old. He was even allowed to contract COVID-19, and medical reports before court showed that even the heart attack he had while in custody was due to the way in which Abeysekara was handled while in custody, the counsel added.
The Court was informed that Abeysekara is therefore at aggravated high-risk, given the COVID-19 scenario. He urged the Court to act, to protect the safety of Sri Lanka’s finest investigator who has now become a helpless victim by malicious design of criminals and enemies acting together. The Counsel for Abeysekara said he was objecting strongly to any attempt to further delay the matter and asked for a very early date for inquiry and order.
He said he would be unable to agree to a situation where further time to take any steps or any type of postponement was requested. The Court heard submissions and fixed the case specially to be taken up before Justice Karunaratne and Justice Gurusinghe (the Judges earlier designated by the Appeal Court President to hear the case), on 4 June, even if Court functioning remained restricted as at present.
The AG was informed that he is allowed to file objections if any, by 28 May with a copy to be given to the petitioner’s Instructing Attorney.
The Court also called for a report on the current medical condition of Shani Abeysekara, in view of the seriousness of concerns for his safety. The Counsel for Abeysekara said that in the current context, even the immediate family was denied access to him and they were very worried for his safety and wellbeing.
Viran Corea with Thilini Vidanagamage instructed by Gowry Shangari Thavarasha appeared for Abeysekara. Additional Solicitor General Rohantha Abeysooriya with Deputy Solicitor General Shanil Kularatne appeared for the CID and AG.
