Arrest of Duminda vital for AG’s instructions: Counsel

Wednesday, 9 May 2012 00:01 - - {{hitsCtrl.values.hits}}

By T. Farook Thajudeen

The Counsel for the widow of former Parliamentarian Bharatha Lakshman Premachandra told the Colombo Additional Magistrate that the arrest of Duminda Silva is crucial for the Attorney General to make decisions over the case.

Wife of slain Presidential Advisor Baratha Lakshman Premachandra leaves the court – Pic by Pradeep Dilrukshana

Counsel Upul Kumar-aperuma appearing on behalf of widow Mrs. Premachandra in the magisterial inquiry before Magistrate Prassana De Alwis contended that on the last date of the case President Counsel Thirantha Walaliyadda moved court to issue a warrant to the Interpol to arrest Duminda Silva but the court refused to do so as the CID had not informed court that they cannot arrest Silva. He said that the CID informed Court that they had sought the Attorney General’s instructions and were awaiting a response.

The Counsel said the Attorney General will never be able to make her decision without Duminda Silva’s statement recorded as she needs the statements of all parties to the case before making her decisions thus to issue a warrant to arrest Duminda Silva to Interpol.

He also said the other issue taken up by Counsel Walaliyadda on the last date of the case was over threat on the life of Premachandra’s daughter Hirunika. He said by now the Police had given protection to her and asked the CID what steps they have taken over the issue.

ASP Shani Abeysekera of the CID said that they instructed the Colombo Crime Division (CCD) to investigate that matter and the CCD had filed a report in the Nugegoda Magistrate Court under case No. 1689/12 while sending a further report to the Colombo Chief Magistrate.Counsel Anuja Premaratna appearing for a suspect said that the Bharatha Lakshman Premachandra’s counsel were making allegations over death threats on Hirunika Premachandra with some ulterior motive to make use them when the suspects apply for bail in the High Court.

He said for his knowledge Hirunika is not a witness for the case and the allegations made by her are irrelevant to the case. He also said that if the widow of Bharatha is dissatisfied with the Magistrate’s order, they could go to higher courts to seek redress.

Magistrate Prasanna Alwis observed that the CID had still not informed court that they could not arrest Silva hence to issue warrants for his arrest.

However, if any party is not satisfied with his order, they could take alternative measures to seek redress, since he cannot order Interpol to arrest Silva at this stage.

He also said that if anybody is dissatisfied with his decisions could take alternative measures. He remanded the suspects till 22 May who were alleged to have involved in the killing of Bharatha Lakshman Premachandra and four others at Mulleriyawa on the local Government election day.