CID tells court Duminda on treatment at Mount Elizabeth Hospital in S’pore

By T. Farook Thajudeen

The CID filing report before Colombo Additional Magistrate Prasanna Alwis submitted yesterday that Duminda Silva is being treated at the Mount Elizabeth Hospital in Singapore, according to his father, and he may have to undergo another surgery in due course. ASP Shani Abeysekera said Silva is not in a fit position to appear in person in court.

Counsel for the wife of Presidential advisor and former Parliamentarian Bharatha Lakshman Premachandra submitted that the CID is playing a “double game” to set free Parliamentarian Silva from the charges. He pointed out that on the last date of the case the CID officer deliberately kept away from court when the case was called.

He contended that even though the court had named Silva as a suspect, the CID had not taken steps to arrest him. Therefore he moved court to issue a notice to Interpol for the arrest of Silva.

President’s Counsel Thirantha Walaliyadda further said if the Court ordered the arrest of any other person; the CID would have immediately taken steps to arrest the person and bring him to court. On a previous inquiry date, the magistrate questioned the CID on whether a person of unsound mind would be arrested if he commits an offence. Nevertheless, in this case the CID is acting in a lethargic manner due to orders from higher authorities without arresting Silva, contended Walaliyadda

President’s Counsel Hemantha Warnakulasuriya who watched the interest of victim Silva, filing a report sent from Mount Elizabeth Hospital in Singapore moved court to keep the report in the safe as it is a vital document. He said that he will not object to issuing copies of the document to the prosecution.

He contended that even though the Counsel for Bharatha Lakshman Premachandra submits that Silva is a suspect to the case the investigations had revealed that Silva too had received gun shot injuries and he is also a victim of the shooting incident. The counsel also said that the court had asked the CID to file two separate cases in respect of the killing of Bharatha Lakshman Premachandra and for causing injuries to Duminda Silva.

Counsel Walaliyadda objecting Counsel Warnakulasuriya said that Duminda Silva is a suspect and not a victim. Therefore, he said that Warnakulasuriya cannot appear in the case without the written consent of Duminda Silva.Answering Walaliyadda, Counsel Warnakulasuirya said that he is appearing for victim Silva on behalf of his father for which the court had already consented. At this stage Counsel Anuja Premaratna who appeared for suspect MSD officer Anura Thushara De Mel said that in order to make the court aware he wishes to submit that if Warnakulasuriya cannot appeared for the aggrieved Duminda’s father, Counsel Walaliyadda too stands on the same position as the case is still in the inquiry level and it had not reached the non summary trial stage. Following the submissions there were exchange of words among the Counsel and the CID over various issues irrelevant to the case.

 Magistrate Prasanna Alwis making his observations on yesterday’s inquiry said that he had already allowed Counsel Warnakulasuriya to appear in the case on behalf of Silva since Silva is also a victim. He said on the last date of the case, CID officer Merryl Ranjan Lamahewa who did not appear before court, subsequently appeared before him and submitted an additional “B” report and told that he was outside of the courtroom when the case was called. The Magistrate also said that the court cannot issue a warrant unless the CID confirms that Duminda Silva cannot be arrested. He remanded the suspects till 27 April and further inquiry postponed for that date.