Case against Malaka and Rehan referred to AG

By Lakmal Sooriyagoda

The case filed against Minister Mervyn Silva’s son Malaka Silva and six others who were alleged to have been assaulted an Army Major has been referred to the Attorney General for his advice, the Slave Island police informed Court.

Filing a further report regarding the case (B/1271/12), the OIC of Slave Island police informed Court that the extracts of the investigation notes had been referred to the Attorney General under the instruction of Anura Senanayake, the senior DIG in charge of the Western Province. The Slave Island police further informed Court that they were yet to receive a reply from the Attorney General over the matter and the AG’s reference number was also yet to be received.   

When the case came up before Colombo Fort Magistrate Kanishka Wijeratne, seven suspects Malaka Silva, Rehan Wijeratne, the son of the late Minister Mano Wijertane, H.G. Nalinda Janaka, W.D. Nilu Aravinda, W.S. Suresh Pushpakumara, A.P. Sarath Upali, E.P. Rumesh Sathyajith were present in court.

Appearing for the suspects, defence counsel Hemantha Warnakulasuriya PC, Jayantha Weerasekera PC, Anil Silva PC and Jayantha Dias Nanayakkara told Court that their clients had regularly appeared before Slave Island police and moved that the given order be revoked since their clients had complied with the Court order.

Having considered the submissions, the Magistrate revoked the order that was issued directing the suspects to appear before police monthly.  

Meanwhile, Army Major Pradeep Susena, the complainant of the case, informed Court that he was claiming a mobile phone which was named as a production item in the case. The Magistrate directed the police that the prosecution’s opinion regarding this particular production item be informed to Court on next hearing date.  

On 9 September 2012, Army Major Pradeep Susena lodged a complaint with Slave Island police alleging that he was assaulted by Malaka Silva and several others while at the JAIC Hilton.

The suspects surrendered to the Slave Island police and after eight days were produced before the Colombo Fort Magistrate.  

However, on 17 September, filing an affidavit in Court, the complainant stated that Malaka and Rehan did not assault him and that he was willing to come to an amicable settlement. Further magisterial inquiry was postponed for 11 March.