Appeal to be filed against dismissal of plaint against two top cops for obstructing protest

Saturday, 26 November 2022 00:00 - - {{hitsCtrl.values.hits}}

Court dismisses case holding failure to seek AG’s sanction as fatal
Says officers had acted lawfully and filed a further B-report proving their bona fides
Complainant says an appeal will be filed before the High Court against the dismissal

An appeal is set to be filed before the High Court against the dismissal of the private plant filed against Colombo Senior Superintendent of Police Roshan Dias and Assistant Superintendent of Police Nalinda Dilruk for obstructing a protest march on 10 October. The private plaint filed by journalist Tharindu Jayawardena and the president of the Young Journalists Association of Sri Lanka was dismissed by the Colombo Fort Magistrate Thilina Gamage yesterday.

State Counsel Shaminda Wickrema appeared on behalf of the Attorney General on 8 November before the magistrate court objected to the private plaint. He accused the complainant of suppressing material and said that the Attorney General must sanction a private plaint. He stated that the Court had been wilfully misled and ‘prostituted’, as held in the case of Rex v Meera Saibo, by the complainant.

Saliya Pieris PC appearing for the complainant denied material had been suppressed and said there had been no unlawful assembly on the day.

Magistrate Thilina Gamage held the Attorney General’s position was correct. He also said the officers had acted lawfully and even filed a further B-report proving their bona fides. The Magistrate also held that failure to seek the sanction of the Attorney General was fatal and dismissed the case.

The case was filed after a peaceful protest by lawyers and professionals organised to protest against the conduct of the Police at a previous peaceful gathering was obstructed by a group of policemen led by the two top cops named in the plaint. The organisers said the obstruction was unlawful as they had taken steps to inform the Colombo Fort OIC and the Inspector General of Police prior to holding the event.