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CID ordered to provide Court with complete report on Duminda s condition
Wednesday, 11 July 2012 - 11:09 AM SL Time
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When the case inquiring into the Mulleriyawa gun battle, in which Presidential advisor Baratha Lakshman Premachandra was killed and Parliamentarian Duminda Silva critically injured, was taken up yesterday, Colombo Additional Magistrate Prasanna De Alwis ordered the CID to provide a complete report on parliamentarian Duminda Silva s condition and to record the Attorney General s instructions at the next date of hearing.
President Counsel Hemantha Warnakulasuriya, appearing for Duminda Silva, told Court that his client was undergoing treatment at Mount Elizabeth Hospital in Singapore and would be ready to make a statement to the CID if and when the Neuro Surgeon and other Specialists treating him permit the patient to be exposed to any interrogation.
He added that it was important that a statement is obtained from his client as it was clear from the evidence that Duminda was the recipient of his injuries through the first gun shot fired by Baratha Lakshman Premachandra s bodyguard R. A. Gamini and the Attorney General had stated that no finality could be reached on this matter until a final statement was recorded by the CID from Duminda Silva.
Counsel Warnakulasuriya also said that he had tendered a written submission to Court on the various statements made by Hirunika Premachandra, during the course of this investigation, which amounted to contempt of Court and violation of the Sub Judice rule. He said he had also forwarded 11 cases decided by the Supreme Court of this country demonstrating clearly that statements made by Hirunika Premachandra amounted to contempt of Court.
Attorney-at-Law Upul Kumaraperruma, appearing for the aggrieved party, Hirunika Premachandra, stated that he submitted a very short submission on the matter of contempt of Court. He said that the CID had recorded a statement from Neuro Surgeon Dr Maheshi Wijeratne but the Police had failed to submit any report to Court on the medical condition of Duminda Silva. That had been left to the learned President s Counsel Hemantha Warnakulasuriya, he said, who informed the Court of the critical physical, mental and health condition of Duminda Silva. The CID had simply reported to Court, what had been said by the learned President s Counsel. The CID has now to conduct an independent investigation and report to Court, other than what had been said by his client Hirunika Premachandra, he said.
ASP, CID Shani Abeysekera who conducted the investigation had said that an opportunity was afforded to the aggrieved party to query the position in the presence of the Attorney General. But no such application or even a critical statement was put forward by the aggrieved party. He said adding that the CID had given the Attorney General a complete dossier containing all investigation notes and statements of the witnesses. The Attorney General had thereafter instruct them what they should do.
At this stage Magistrate Prasanna de Alwis directed the CID to consult the Attorney General and submit a report to Court on the present condition of the suspect Duminda Silva on the next date of hearing.
President s Counsel Hemantha Warnakulasuriya led a team of lawyers appearing for the suspect Duminda Silva. Attorney-at-Law Upul Kumarapperuma appeared for the aggrieved party Hirunika Premachandra. ASP Shani Abeysekera appeared for the CID.
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linzhandw
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12 Jul 2012 01:41:20 GMT Report for Abuse
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