Malaka remanded

By Lakmal Sooriyagoda

Minister Mervyn Silva’s son Malaka and six others were remanded till 24 September by a Colombo Court on charges of having assaulted an Army Major and having robbed his service revolver and mobile phone.

Rehan Wijeratne and five other personnel were among those remanded by Fort Magistrate Kanishka Wijeratne.

On 9 September Army Major Pradeep Susena was alleged to have been assaulted by Malaka Silva and several others while at the JAIC Hilton.

The suspects who had surrendered to the Kompannaveediya Police after eight days were produced before the Colombo Fort Magistrate.

Minister Mervyn Silva and his family members were present in court.

In their report to Court the police levelled strong allegations against the seven suspects and moved Court to have them remanded till 1 October because according to witnesses the suspects had been involved in the assault on Major Susena.

Colombo Crimes Division (CCD) SSP D.R.L. Ranaweera told Court that only the first suspect Malaka and the second suspect Rehan were being produced in open Court because they had been identified by the complainant. He said the five other suspects would be produced at an identification parade.

SSP Ranaweera said at about 3 a.m. on 9 September, 10 suspects including Malaka Silva had assaulted the Army Major after robbing his service revolver, mobile phone and car key.

“The incident had taken place at the hotel lobby. The complainant army officer is in the army hospital being treated for head injuries and the army corporal who was with the Major had also been assaulted by the suspects. According to a statement given by high ranking army officer, the revolver has been officially given to the Army Major. According to the first complaint, ten suspects had involved in the incident and we are yet to arrest three other suspects,” SSP Ranaweera said.

Finally, Police moved court that the seven suspects be remanded till 1 October because they had committed punishable offences under Sections 314, 316, 380 and 146 of the Penal Code.

President’s Counsel Hemantha Warnakulasuriya with Jayantha Weerasekera appearing for Malaka Silva submitted Court that the cause of the incident was due to the Army Major pointed a weapon and try to shoot on Malaka Silva. He argued that as a self-defense measure his client took measures to prevent him being targeted by the army officer. He further told that the incident had taken place at the car park of the JAIC Hilton, not at the hotel lobby as stated by Police.

“The alleged weapon which was fallen to the ground has been handed over to the Police by my client’s driver. Police need to conduct an investigation why army major was there and to ascertain what he was doing there? According to instructions that I received he was constantly used to visit there, but police have failed to find out the proper reason,” Warnakulasuriya said. He further submitted Court that the suspects can be enlarged on bail because the offences could be even referred to the mediation board for a settlement.

Meanwhile, President’s Counsel Jayantha Weerasekara appearing for the first suspect Malaka Silva maintained that his client has right to take a self-defense measure when someone pointed a weapon on him. He further denied the robbery charges that had been levelled against his client. “If someone robbed something would he return them to the police? My client didn’t abscond and handed over the weapon to the law enforcement authority,” Weerasekara said.

He further said that according to information he received, the Army officer was providing security for a casino owner and if it so it should be highly concerned. Defence counsel further maintained that there is no any reason against the suspects to be held in remand custody under the provisions of Bail Act and Article 13 of the Constitution.

He further maintained that Court should exercise judicial mind and super discretion not to deprive the rights of his client. Defence counsel further assured Court that as a son of a Minister, he would not abscond Court and would not interfere with the witnesses. Finally, defence counsel submitted in Court that his client Malaka to be undergo a surgery to his back pain and moved Court that reason also be considered.

President’s Counsel Anil Silva with Niroshan Perera appearing for Rehan Wijeratne the second suspect in the case told Court that charges leveled against his client were bailable offences. Counsel Anil Silva PC observed that the real situation could be seen after thoroughly inspecting the video footage that had been recorded at the hotel.  He further observed that the Court has desecration to grant bail on the suspect irrespective of police objections. He finally submitted Court that his client Rehan was suffering from sleep asphyxia from 2007.

Having considered the all submissions, the Magistrate ordered the police that an investigation be held on the army officer to ascertain why he was at the hotel. He further informed that the suspects could make a request from Superintendent of Prison if they need any medical treatment. Finally the seven suspects were ordered to be remanded till 24 September. Meanwhile, the Manager of the hotel was ordered to provide the relevant video footage to the Slave Island police. Case will be taken up once again on 24 September.