17 October, 2021

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Shani And Sugath Released On Bail By Court Of Appeal

The Court of Appeal ordered the Gampaha High Court to release former CID Director SSP Shani Abeysekera and Sub Inspector Sugath Mendis on bail a short while ago.

For 11 months, the two police officers were jailed under dubious charges of fabricating evidence in a high-profile murder investigation already tried and concluded in the High Court of Colombo five years ago.

A court of appeal bench comprising Bandula Karunarathne and C.D Gurusinghe issued the order for their release on bail and instructed that their passports were to be impounded.

The Court of Appeal Abeysekera and Mendis were released on Rs 25,000 cash bail and personal bail of 1 million with two sureties acceptable to the High Court.

Counsel Viran Corea with Thilani Ariyarathne instructed by Gowrie Thavarasha appeared for Abeysekara.

Counsel Chaminda Athukorale with Hafeel Farisz instructed by Nigel Walters appeared for Mendis.

Counsel for Abeysekera and Mendis made submissions on Tuesday (15) in revision application filed against the refusal to grant bail to the suspects by the Gampaha High Court.

Today’s order comes after months of delays.

Pressure has been building against the Government about its pursuit of vendettas against police officers who investigated Rajapaksa era past crimes and the prolonged detention of lawyer Hejaaz Hizbullah and poet Ahnaf Jazeem. Last week the EU Parliament flagged the three cases against Hizbullah, Abeysekera and Jazeem and urged the Government to release them unconditionally unless valid charges could be brought against them. The EU Parliament urged the EU Commission to determine whether GSP+ concessions could be withdrawn temporarily if the Government of Sri Lanka continued to resist human rights reform and the repeal of the Prevention of Terrorism Act.

Earlier this week, the opposition accused the Government of endangering the nation’s economic security in the pursuit of its political witch-hunts and pointed to an impending catastrophe if Sri Lanka were to lose competitive access to the European market through GSP+.

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  • 28
    0

    The AG opposed Bail on the basis that the inquiries are not completed.
    The Police needs to record the evidence of a woman bearing the name Sanjeevani. Until that is done we oppose Bail said the DSG who appeared on behalf of the AG.

    Well then, until Sajeevani is coaxed by the Police, Shani has to remain in Jail eh?
    How many more moons would that take.? How many females bear that exotic name Sanjeevani?

  • 20
    0

    Given this long sought release on bail had to come from the Appeals Court, seems much is owed to the mounting international pressure on the double-Paksa regime.

    Notable information on Justices Nissanka Bandula Karunaratne and Rathnapriya U.S. Gurusinghe;
    —>
    Justice Karunaratne was appointed to the court of appeals during the Yahapalana government and just before the Easter Sunday terrorist attacks.
    —>
    Judge Rathnapriya Gurusinghe, when was a high court judge, acquitted Basil Rajapaksa and three others from five charges of misappropriating Rs 2,291 Million “Divaneguma” funds without calling for defence evidence as “prosecution had not proven the charges against the accused beyond reasonable doubt”.
    Then as a Appeals court judge, he was appointed as one of the members of three-member Special Presidential Commission of Inquiry (PCoI) to implement recommendations and decisions made by the PCoI appointed to inquire into incidents of political victimisation; he had tendered his resignation shortly after the appointment!

    • 21
      1

      Sugandh,
      .
      we are not sure, if this would a temporary solution because EU and others raise the issue right these days.

      I am very happy to hear this release. However, how long they would keep him set free is not sure. I have no faith on Rajapakshes and their remote controlling judges.

    • 9
      0

      Dear Sensitive Readers over to you !

      Please get your facts right regarding our incumbent presidency. Our president is proved to ” Defacto President”:
      :
      https://www.youtube.com/watch?v=jtHYh2eMW4s

      Please open your eyes !!!!

      • 3
        2

        Bro: LLM: Be careful. At this hour there could be all sorts of “Heroes” emerging. This is another such “Hero”. My question is: This Nagananda, campaigned much prior to the elections and even collected funds (even traveling abroad), then “Drafted” a “New Constitution” (prepared by a team of Legal Experts) renounced his UK citizenship; BUT why he “FAILED” (with all that Legal Expertise to his credit) to “Contest” at the Presidential Election? even as an “Independent Candidate”? If he “Contested” he could have had that “Opportunity” to “CHALLANGE” the candidacy of Gotabahaya, without “RELYING” on others to do it? Why now “BLAME” others?

        There was the provision to “Challenge” that candidacy within “21” days of nomination. Why he did not do that even as a “Citizen” (Voter)?

        Now, he is NOT filing a case against the Commissioner of Elections, because there is no “UPRISING” (or expression of solidarity with him) in pursuing this matter. Watch the video clip released by one Sepal Amarasinghe a few hours back.

        Remeber, there will be many more to “FISH” in “TROUBLED” waters.

        • 1
          0

          Bro. LLM: Watch this “Link” to the end to know why Naganda not proceeding:

          youtube.com/watch?v=RYxRNekhhTc&t=1504s

        • 4
          0

          Simon,
          You need to read his fact-sheet closely. His point is very clear that as a PE nominee Gota had no documents with him.All other 34 candidates should have been bribed with collossal amounts of funds.
          I dont think the kind of men would ever abuse the funds they collected.

          Even Sinhala Man was asking us to support NK then. However, at the end he was cheated by MaCo himself. Something was fishy withthe behaviour of MaCo from the beginnning on. I known few thousands from UK and Australia that helped NK. None of them would attack him to have abused their funds. He is the only person to have displayed all the bills incl.. a -z about his high expenditure of handful of TV programs. I am not naive, but I believe him so far. He could do lot more good work for the benefit of the masses. He revealed the real face of JVPers long ago. Alone in current LUXURY VEHICLE purchase, JVPrs are somewhat silent.

          • 1
            0

            My Dear LLM: Did I talk of any “Misuse” of “Funds”? NO. What I said was, his failure to submit a nomination, being a person who speaks of his “Brilliance” in Law matters. That “Failure” prevented him from “Questioning” the “Qualifications” of GOTA. Why “Rely” on other candidates? JVP would never have supported him because he was criticizing them all the time. He must understand that he is “ALONE” and does not receive support from any other political party. Then what is his course of action? He, himself says: ” I have decided to give up this dirty politics” I am listening to him all the time. So he remains a “Political Analyst” and not a “Contender” for any position within the Democratic System”. In my opinion, he is not a “TEAM PLAYER” but a “LONER” . I respect his “Analysis” and “Opinion”.

            • 1
              0

              Dear Simon,
              .
              anyone could attack him for the funds. But he has proved it that he has not wasted a cent of it. However, men in power today, were unable to stand against NYtimes articles about SINO-SRILANKA secret connections fattened the pocket of MaRa the most abusive man in today s politics in SL.
              I do believe, there had been a big conspiracy against NK from the day one on. JVPrs were not clean, according to NK, for having taken those vehicle permits to the very same manner all others did. Only RR who is now in jail for having done nothing but on political revenge hin… revealed it to the world…

              Issue being raised by NK on GOTA s not having produced his US-renouncing certificate is a truth. It should have been raised by MaCo, but the man with bed pan style mouth piece always joined the press with hier usual “prevarications”: I have no doubt, MaCo was wrong there. It was his responsiblity to prove the documents o fany nominee, but he treated GOTA s as if it was within his responsibitlies. In the same time, Mr HOOLE was attacked by the masses calling him ” kotiya” because he was the only person in that 3 member group stood against it. :…

        • 0
          0

          Dear Simon.
          NK could not challenge early as he did not have that “all important” affidavit from Prof Hoole, who gave it after his term was over.
          If you listen to the clip closely he gives his reasons for that.

          • 0
            0

            MyView: Thanks. The question is: Is it the “TASK” of the Election Commission alone to check the “Qualifications” of candidates? A time limit is given to all the contesting candidates to raise “Objections” in relation to “Qualifications”. “Pohottuwa” expected that and got ready with an “Alternate” candidate having made even the deposit required. Since “NO” objections were raised “GR” was accepted. In this matter “NK” knew what was going to happen (with an alternative/standby candidate) and what the procedure was. Why “NK” failed to be present as a “Candidate”? Why he “RELIED on” other candidates to raise the “Objection”. My opinion is “NK” messed up his own candidature and got “Himself” out of that “Objection” process. Now he blames all others including the “EC”, when in actual fact, he “ALONE” must bear that blame.

            What is the use of an “Affidavit” from Prof Hoole now.? He says clearly, “I am not going to proceed with the case because (1) There is no support from people (2) I do not wish to put Prof. Hoole into a difficult situation. The fact of the matter is he “KNOWS”, he would fail. That explanation is only an “ESCAPE ROUTE”.

    • 2
      2

      Sugandh,
      Informative. Thank you.
      Ranil should take the responsibility of this gentleman’s suffering. He sheepishly believed Ranil was true and worked to get the criminal. Ranil on the other hand secretly destroyed all internal evidence while these guys were giving their blood and flush to catch the criminals. Remember the case of Varman and Dharshi, they both ran away? They helped to bring out Royals paying for bald heads & Kandy Ayatollahs through China in 2015 EP election. They thought the Yahapalanaya Yuka was dawning in real and thus get caught in the hands of Royals. When they found out it was only a mirage that was spread by Ranil to trap & label Royal’s enemies, they ran away.

      I used to be the first here bringing to Ranil’s Gilmart here. Now I am the last even in reading it in media. Did you hear that Ranil is guarded by 100 official guards of Royal Aanduwa? Like in Calcutta in the 1940s people going to die and fall on the roads by hunger and Covid. This criminal waste has only to be punished by God (Buddha?).
      Viva Royal Lankawe!

    • 2
      2

      The urgent need now is not Covic or food prices. Lankawe has to wake up and prevent Mahabharat Sukuni coming to lead parliament with the invitation of Ramayan Kuni. Unless it is prevented Ranil joining Royals, Lankawe going to be the Ceylon, fire set by Hanuman, against Ravana. All sincere political activists- Sinhalese-Tamils-Muslims should rise up and prevent Ranil gaining not just PM, even a peon post in Royal Aanduwa. The devil who drafted the 19A is now going to draft the 20A for Royals. Those who don’t know who Ranil is, please ask it from Secret Solution fame, Sampanthar Ayya, who voted for all Ranil’s government proposal while in the opposition leadership.
      Anee Anee.

  • 8
    4

    Does this represent a glimmer of hope for Lanka? A return to some civilised values?

    • 12
      1

      SM
      No hope of civilised with these lot. its GSP+ Bangladesh also doing well in garments sector.

    • 3
      0

      Sinhala_Man ,

      My dear SM , JVP is up in arms about a reportedly unlawful attempt
      to import 225 PRADOS amid a looming massive financial crisis and
      already worsening Covid Pandemic ! D you want outside pressure
      to behave yourself every time you misbehave on purpose ? This is
      what I read from Carl Jung : It is often tragic to see how blatantly a
      man bungles his own life and the life of others yet remains totally
      incapable of seeing how much the whole tragedy originates in
      himself and how he continually feeds it and keeps it going .

      • 0
        0

        Sorry , Read as “Do you” please.

    • 3
      0

      Sinhala_Man: When some action is done on “COMPULSION” there is NO CIVILISED VALUE in it. To have “VALUE” that action must be out of no concern of “Obligations”, “Dependent” on “RECEIVABLES”; but solely on what is “RIGHT” and “TRUTH” and done with no “STRINGS” attached. That is my opinion. In METTA!

    • 7
      0

      Dear S_M and Cugan

      The double-Paksa regime is mostly likely orchestrating a temporary reprieve in light of the mounting international attention and pressure, particularly with the GSP+ suspension (as Leelagemalli has suggested elsewhere here).

      Outside of this orchestration of a facade of judicial independence and possibly some wishy-washy heeding to other items red flagged by the western democracies (e.g. Meeting with TNA), they are inescapably bound to carry on with their corrupt values and incompetence.

      I am still concerned about the safety and well-being of Shani Abeyesekera and Sugath Mendis. They obviously hold substantial information on the past criminal activities of the Rajapaksas and their close cronies.

    • 6
      0

      Dear Sinhala_Man: Probably a tactical breadcrumb, no more; predicated on he threat of GSP+ suspension.

      However, there is a stirring of the psyche among the masses, with all the exposès that are flooding social media, as well as some visible signs of a rift or rifts between the Brothers Inc., which maybe the beginnings of something bigger ahead of us.

      Let’s hope that people power will prevail to put all these vile people into the dustbin.

    • 9
      0

      Sm@
      Are u kidding?
      .
      A return to some civilised values?how can we ever expect such values so long the current men are the leaders? .
      .
      Did u listen to NK today? Gota is defecto president of our banana republic.
      May God help our Nation!!
      LM😎😎😎

      • 1
        0

        LLM: “Did u listen to NK today?”. I listened. Please read my comment addressed to you above. Thanks.

      • 1
        0

        Thanks to all those who referred to me in making their own comments. Yes, it is a shame that we don’t start doing the right thing until compelled to do so.
        .
        I listened to Nagananda on Youtube speaking of how Gota’s citizenship was in question at the time of nomination. Yes, Professor Jeevan Hoole had given him that affidavit. I hope that this comment catches his eye, but where’s the link that you gave for that Youtube, dear LM? It would be good if you could place it somewhere here.
        .
        Jeevan won’t be able to understand anything of it, but his elder brother, Rajan, would be able to understand it.

    • 2
      0

      Rajapaksas are good at cheating not once but always. This is a time when EU threaten to stop GSP Plus, USA Resolution etc. We all know Justice minister immediately announced review of PTA. Don’t under estimate Rajapaksas?

  • 18
    0

    Any future government should reward these two officers with a comfortable retirement which includes a house and a good income. They deserve it for the ordeal they have been subject to for the simple reason of doing their job. The whole nation owes them an apology for the nasty manner they have been treated. If these principles are not adhered to then there is no point voting for the the alternate political parties. For the investigative arms of the law enforcement are totally broken down. Most of the exsisting lot should be fired. The entire state intelligence apparatus has to be reconstitued with new people. The old lot need to be arrested and jailed for the Easter Sunday conspiracy and released only if they are proved innocent. I am talking about a future I hope dawns. The current lot have no chance of surviving very long. If they don’t go quietly they will face a fate similar to Libiya’s Ghaddafi.

    • 17
      1

      I am with you on this. Shani, I read somewhere, lives in a 500sq.ft house.
      That again proves his integrity, and honesty.

      For the time being, he needs the best of Medical attention. He has had a Heart attack and also was infected with the Covid-19.

    • 4
      0

      T
      I appreciate your opinion,but worrying about their safety,he was about to arrest even Gota and present thaddias but Ranil the soft doesn’t wants to have conflict……hope he goes to abroad first ,

  • 9
    0

    Thank God .

  • 15
    0

    Really hope this release on bail hasn’t left Shani Abeysekera and Sugath Mendis opened to danger at the hands of the double-Paksa mafia.

    International scrutiny should be heightened and sustained.

    • 10
      0

      In today s context, what is not impossible ?
      :
      If anyone would harm them both, no investigations. As was the case with ones got killed lately while they were still under police arrest.

      Judges and lawyers are in the long slumber.
      .
      1) Makandure Madhush – as we knew this man to be alleged high criminal so as Gota, Mara and all other wearing “Rajaakshe surname in that family”:
      2) Tharaka – alleged drug dealer
      3) Uurujuwa – alleged drug dealer
      4) And how many unknown cases of this nature ?

      Why is that alleged criminals are being treated differently ?

      e.g Gotabaya was alleged to have committed high crimes – over 34 cases were handled alone by that wandibattaya Ali Sabry as he himself exposed it lately in Parlament.

      Other alleged men while being in POLICE arrest got killed… how come ?

    • 2
      0

      Sugandh
      I am very worried of his health/life. He should be held a hero to have stood against the most dangerous criminals. Instead to treat him to the manner law worked on Vaas Gunawardhana the canibalist? This GOSL is the most abusive from the very 1st minute on.😎😎😎😎😎😎

  • 13
    0

    Sir take a boat and escape save your life,

  • 10
    0

    This case proves that there is no justice in Sri Lanka despite hundreds of magistrates, judges etc. etc.

  • 10
    0

    Wonder if Shani & Sugath will continue in remand for a couple of more weeks until they are able to take the covid free test & proved negative before being released. Considering the pathetic reason of trying to locate a witness (for eleven months) who is abroad, any excuse to keep Shani & co locked up is possible. To confirm Shani is a ‘flight risk’, I won’t be surprised if there are even allegations that western countries are waiting to give him sanctuary as the next strategy.

    It’s time the human rights watch appeal to the international community if necessary & took serious steps to investigate all those unfortunate enough to be incarcerated for long periods without charge.

  • 2
    0

    E-Emergency to grant bail
    U-Uniformed action
    G-Grant bail or discharge or loose GSP
    S-Shani it is too late but you are safe now.
    P-Party politics kept you for too long.
    nothing take place without pressure from out side the country.

  • 5
    0

    There is a long list still to be released. It had to take a warning from the International community to see any action. The world is watching, and even through this corrupt regime can fool its supporters, they cannot fool the rest of the world.

  • 3
    0

    How we.let down Ven Sobitha Thero he worked so hard for whole sri lankans,wanted to bring back the power to parliament,not with executive power on one mad man,Ranil had chance but for his character he doesn’t want to be front runner,but clue less fellow came from Kurunagala destroy and go along with these thaddias and try to form illegal govnt,but same lot comes back with the blessings of Sangham,how sad for the ordinary,even the natural,artificial disasters turning back to the people,without any strategy stop all the imports,then comes with the fuel
    We could ask for regime change, then to whom we can …….

  • 0
    0

    We have a habit of reveling in digesting sleazy details of individuals. I maintain that the case was heard on merits and a decision was given. I am not going through as to how good the submissions are for each party to this case as a summary of it is given in another article of CT. Cases must be heard as soon as possible. For this purpose, the traditional mentality of “postponement” or procrastination must be erased from the system. This case, as is with many others, not highlighted, parties suffer a lot in anguish. I am told of an instance where a person had to wait for five long years to get a divorce though they were childless and there was no other complication. The case is called and after so many bowings, it is repeatedly postponed for three months without a word of substance being heard from either party. Fortunately, the case came up before a “good judge”, who got into the meat of the matter in no time and disposed the case in his second hearing. Lo and behold the “good judge” was transferred out in no time for the cases to pile up again.

  • 0
    1

    This should probably shut up Colombo Turdgraph. Yesterday this fake news rag was sniveling about how bad Gota appointed justices are. Today this rag seems to be ok with them…

  • 2
    0

    Sugandh
    I am very worried of his health/life. He should be held a hero to have stood against the most dangerous criminals. Instead to treat him to the manner law worked on Vaas Gunawardhana the canibalist? This GOSL is the most abusive from the very 1st minute on.😎😎😎😎😎😎

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