3 August, 2021

Blog

Court Of Appeal To Announce Order On Bail For Shani Today: AG Wants Ex-CID Chief Held Until Probe Completed

The Court of Appeal will decide if former CID Chief Shani Abeysekera who has been in police custody for 11 months will be released on bail today (16).

Justices Bandula Karunaratne and R.U.S. Gurusinghe heard submissions on Abeysekera’s revision application for bail on Tuesday (15) and will deliver their order at 10AM today.

Shani Abeysekera

Counsel Viran Corea appearing for SSP Abeysekera said that although bail can be granted in the case without reasons being cited in the High Court under the provisions of the Bail Act, the Court had denied the former CID Director bail. Bail was rejected for Abeysekera by the High Court despite lawyers for the senior police official providing two special reasons to do so, Counsel Corea said.

Counsel Corea also told court that although the Colombo Crimes Division (CCD) was opposing Abeysekera’s release on the basis that former CID IP Nishantha Silva had fled the country, numerous assurances had been provided that the former CID Director would not leave the country under any circumstances.

Abeysekera’s lawyer said that the former CID Chief had suffered a heart attack and other ailments while in police custody and even contracted Covid-19 in prison. Medical experts had confirmed that Abeysekera’s life was in danger due to his health conditions, said Counsel Corea, submitting those reports in Court.

Making submissions on behalf of the Attorney General, Deputy Solicitor General Rohantha Abeysuriya opposed granting bail to Abeysekera on the basis that investigations into the case were incomplete. DSG Abeysuriya claimed that the police were still looking to obtain a statement from a woman known as “Sanjeewani” in connection with the investigation into allegations that Abeysekera “fabricated evidence” in the Mohamed Shiyam murder. A senior cop, Deputy Inspector General of Police Vass Gunawardena was convicted for the crime and sentenced to death in 2016.

Vass Gunawardena is a close associate of President Gotabaya Rajapaksa. Witnesses in his trial began to recant their testimonies in court, and claimed Shani Abeysekera had coerced them to implicate DIG Vass Gunewardena soon after President Gotabaya Rajapaksa was elected president in 2019.

DSG Abeysuriya told Court on Tuesday (15) that “Sanjeewani” was overseas, and police had been unable to take a statement from the individual.

Counsel Viran Corea objected to this reasoning by the Attorney General’s Department.

The fact that an investigation was incomplete was not a reason to refrain from granting bail to a suspect, Counsel for Shani Abeysekera argued. It was unjust to remand a suspect for 10 months on the basis that the police had not yet been able to obtain a statement from a concerned party.

Counsel Corea cited the guiding principle of the Bail Act, which was that the granting of bail shall be regarded as the rule, and the refusal to grant bail, the exception. Therefore, Counsel for Abeysekera strongly argued that bail should be granted to the former CID Director.

Attorney at Law Chaminda Athukorala together with Attorney-at-Law Hafeel Farisz appeared for Sub-Inspector Sugath Mendis who was also arrested after he refused to implicate Abeysekera in the same case. Mendis has also filed a revision application in the Court of Appeal after his request for bail was also rejected by the Gampaha High Court.

Lawyers for Mendis explained that the only reason the sub-inspector had been arrested, was his failure to give evidence to the CCD implicating Shani Abeysekera. Counsel Athukorale said that SI Mendis had provided a statement to the Magistrate the very next day, regarding the pressure exerted on him by officers at the CCD to implicate Abeysekera.

Having heard submissions from all parties, the Court of Appeal announced that it would make its order on the bail matter at 10AM today. (Chinthaka De Silva)

Print Friendly, PDF & Email

Latest comments

  • 18
    2

    Our judiciary is under test, hope they will release him immediately.

    • 8
      1

      Entire civilized world (EU, America, Australia, Canada and the like countries) should put pressure on MaRa-Gota govt to the very same manner they did it at the time Tangalle – PS member, but a rapist took the life of then visiting tourist and raped the russian origin fiance case. Unless Prince CHARLES would not invovle putting the pressure on the mlechcha leadership which is so called SAUBAGYA govt but very similar to a lorry with BUDUSARANAYI on its display but loaded with slaughtered cattle, nothing would work near to justice in terms of anything
      Rajapakshes are the mlechcha men I found on this earth, they deserve all the possible punishments. WORLD please involve in this issue and leave some space for the people with high volumes of anxities to live in peace. I dont mind even ICourt meadiating in the kind of highly unethical issues.

      And another point is if PAKISTAN govt did not put the pressure on DOUBLE pakshes highly controversal govt on forced cremation of COVID deaths among muslim srilankens, nothing would have worked to stop that mlechcha act,; Entire civilised world condemened that act,… since norms were seen almost every country going by the guidlines provided by WHO.

    • 0
      12

      Mr. Noel,
      .
      “Our judiciary is under test, hope they will keep him inside till due process is followed.

      • 3
        0

        Scp,
        It is high time u the ilk to question “are u happy now” ? It is believed MaRa s karmic retribution is sooner than we ever guessed at. U can now get ready to be the decorated animal in his last parades.🤨🤨🤨🤨🤨🤨🤨🤨🤨
        U the kind of thanakola eaters ruined the future of th nation paving the way them to return and ruin☹☹☹☹☹☹

      • 3
        0

        Mr Pasqual, are you serious? Are you sick, mate?

        • 0
          0

          ES,
          .
          Ms/Mr SCP would never be serious.
          :
          They the ilk would never see it beyond. That is the dillema before us today. These men and women are like lab rats.

  • 5
    1

    Our own very LOW and disgusting ODOR.

  • 11
    0

    No wonder Gota appointed a dhemalu as AG so that he could be easily manipulated through fear. Shame on these gus and call it a nation. Giving razor blade to monkeys. 6.9 million morons.

  • 5
    0

    AG and Police submissions.
    Inconsistancy 1.
    ………on the basis that investigations into the case were incomplete……(After 11 months).
    …….. DSG Abeysuriya claimed that the police were still looking to obtain a statement from a woman……..
    On the above basis, the Police become the persons in control, not the judges or AG, and unless the judge dismisses Police submission, the accused can be incarcerated forever.
    Inconsistancy 2.
    ………IP Nishantha Silva had fled the country……
    Unacceptable inference to refer to a third party. How many others actually fled the country and returned and yet granted bail. On this basis of conjecture, no one can be granted bail as that possibility always exists for everyone.
    Hope the judges will do justice as they should, and not arbitrarily. But then in SL anything goes.

  • 0
    12

    “Yahapalana” Chief Shani Abeysekera must ask bail from either Ranil Wickremesinghe or Ranjan Ramanayake….

    • 4
      0

      Shameless SCP, katukana ballek, is back to his her usual services, how can u the kind of morons be seniors to ur young generations????☹😎☹😎☹😎☹😎☹😎☹🤨☹

  • 0
    6

    Impound the passport put travel ban,

  • 11
    0

    Finally, we hear that Shani has just been released on bail. Poor, poor Shani, can now have a respite from the egregious harassment he has endured, and spend a few precious moments with his family. What an absolute travesty to have incarcerated him for more than a year, all to pander to the ego of a maniacal scumbag of a president.

    The tide seems to be decidedly turning against this regime, from all accounts.

    Couldn’t come sooner, if you ask me.

  • 7
    0

    Investigation? What investigation? Some Rubbish about a gun in the Vaas Gunawardena murder trial which ended up with a class one scoundrel and murderer condemned to the gallows. A case that was won by this brilliant investigator? It is a pity that Shani did not flee the country. He should have. Nishantha Silva made the right judgement. He knew the nasty mendacious nature of the Rajapakshe clan. There were many countries willing to grant the persecuted asylum. The enraged Gotler even took revenge at the poor consulate employee who arranged Nishatha’s visa to Switzerland. There are others who fled the country General Mahesh Senanayake is one of them. If any opposition party wishes to come to power in the future they have to guarentee protection to individuals like this and institute and immediate punitive punishment to staff in the AGs office, Judges, who participated in these witch hunts. The immediate arrest and incaceration of the entire Rapajapkashe clan under special orders of showing absolutely no mercy no hospital stays and other stupid ploys must be mandatory. If the SJB cannot undertake this then they and any other outfit who wants our vote can go to hell. I can go one but I am already a marked man for saying this much.

Leave A Comment

Comments should not exceed 200 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically disabled after 7 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.