Wimal contests his remand custody

 By S. S. Selvanayagam 

The Court of Appeal yesterday fixed to be mentioned on 9 May for notice the revision application filed by former Minister Wimal Weerawansa seeking bail and contesting his remand custody.

 The Bench comprised Justices Vijith K. Malalgoda (President/CA) and Justice S. Thurairaja

 The petitioner cited IP Anura Premaratne (OIC), ASP Kamal Paliskara , IP Sanjeewa Fernando, and DIG Ravi Waidyalankara – all of the FCID – as well as  IGP Pujith Jayasundera, Commissioner General of Prisons H. M. N. C. Dhanasinghe and the Attorney General as well as the second suspect Samantha Priyanath Lokuhennedige as respondents.  Gamini Marapane PC with Navin Marapane and Kaushalya Molligoda instructed by Sanath Wijewardane appeared for the petitioner.

 Weerawansa appealed to set aside the judgment of the Colombo High Court which affirmed the orders dated 1 January 2017 and 24 January 2017 made the Colombo Fort Magistrate’s Court committing him to remand custody.

 He was questioned by the FCID, Weerawansa said, on allegations of allocating fuel and drivers to certain vehicles obtained on rent by the State Engineering Corporation and for alleged offences against the Public Property Act.  He was arrested and produced before the Fort Magistrate’s Court on 10 January 2017 and remanded on the same day and on 24 January 2017 at the behest of FCID, he added. 

Weerawansa served as Minister of Construction, Engineering Services, Housing and Common Amenities from the year 2010 till Junuary15.  Pointing out that a large number of subjects and functions were assigned to him during this period, pertaining to policy decisions and the submission of relevant Cabinet memoranda where necessary, Weerawansa maintained that he did not engage or participate in the day to day administrative matters of the Ministry and Departments and institutions coming thereunder.

 The Chairman/General Manager of the State Engineering Corporation, he said, was its Chief Financial Officer and the Secretary to the Ministry was its Chief Finance Officer and, thus, he had no financial authority over either the Ministry or the Corporation. 

Weerawansa charged that the purported remanding and the refusal of his applications for bail were illegal and a violation of his fundamental right to the freedom from arbitrary arrest and detention as well as his right to be presumed innocent until proven guilty.