Sunday Times E-Paper

Mirihana protest case: AG now decides to pursue charges against key suspect

Magistrates remands suspect, says appalled by State's earlier decision to withdraw charges

The Attorney General’s ( AG) Department on Friday told the Gangodawila Magistrate’s Court that there was sufficient evidence to pursue investigations against Asantha Nalaka Wijesinghe alias Satha Nalaka alias Arabi Wasantha under the Public Property Act, when the case regarding protests in front of the President’s private residence in Mirihana was taken up.

Appearing for the Criminal Investigation Department (CID), State Counsel (SC) Shaminda Wickrema submitted that, after a further careful review of events, the AG will not pursue a motion earlier filed to withdraw the charges against Mr Wijesinghe.

He was referring to a B report submitted by the CID on June 24, 2022, by way of a motion with respect to Mr Wijesinghe ( 57th suspect) on the instructions of an officer of the AG’s Department to withdraw the public property charge saying there was some material to support that position.

Magistrate Prasanna Alwis pronounced a lengthy order in open court, stating that he was appalled by the motion previously filed by the State seeking the withdrawal of public property charges. Agreeing with the State’s submissions on Friday that the case should proceed under the Public Property Act against both the 56th and 57th suspects, he made an order remanding them until the conclusion of the case.

During the proceedings, SC Wickrema drew the court’s attention to events following the protest on March 31, 2022. The CID started investigations on April 1 and were searching for Mr Wijesinghe from April 25. He was arrested on May 20 and produced on June 3. While he was absconding, the suspect had posted on social media challenging the ability to capture him.

On Mr Wijesinghe’s behalf, it was submitted that he drove an army bus and blocked the road with it to “save the life and property of the President”.

SC Wickrema told court there were only eight statements in favor of Mr Wijesinghe. Notably, all were given after he was included as a suspect in the case, not before. They were from a brigadier and some other officers, most of whom came to the police of their own volition and not as directed by the CID. They maintained that due to Mr Wijesinghe's’s acts, there was a lessening of violence at the protest and that it assisted to save the President and his property.

By contrast, some 400 statements were recorded from officials, protesters and the public, including nearly 300 statements from police, army and other Government officers, SC Wickrema maintained. None of these statements nor the ample video evidence supported the position taken up by Mr Wijesinghe or statements made in his favour.

Almost all army and police officials deployed at Mirihana, including army officers and drivers in charge of army buses, stated the opposite, SC Wickrema told Court. They have said the bus blocked the water cannon, thereby obstructing police, and that some protesters used it as a cover to throw stones at the police.

It was noted that Mr Wijesinghe broke into and took custody of the bus without authorization. He admitted on social media that he took charge of two buses. One was owned by the army, and the other, which later burnt to the ground, was leased by the army.

SC Wickrema maintained that Mr Wijesinghe's actions had in no way lessened the violence, but escalated it; and, on the pretext of helping, caused theft, misappropriation and mischief to public property. They were all offences within the Public Property Act.

Even if it could be believed the suspect has some intention to save the life and property of the President, it would not absolve him of public property offences. If at all, it would be a defence at a later trial. And even the President, if aggrieved by the incident, ought to be aware that Mr Wijesinghe's actions worsened the events.

Mr Wijesinghe is also suspect in causing grievous injuries to a protester at Galle Face on May 9, 2022, and was seen actively contributing to the escalation of the violence at the Parliament protests on May 5, 2022.

Senior Attorney- at- Law Ranjith Subasinghe who appeared on behalf of Mr Wijesinghe sought bail and also agreed to part of the State’s submissions. Short Submissions were made for bail for the 56th suspect, accused of setting fire to the bus, by his lawyer, Keerthi Udawatte.

Inspector of Police Thusitha Kahagalla of the CID’s Public Complaints Unit filed all B Reports for the CID.

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2022-07-03T07:00:00.0000000Z

2022-07-03T07:00:00.0000000Z

https://sundaytimes.pressreader.com/article/281818582527749

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