Charge sheets against SF supporter challenged

The Defence counsel in a case filed against a disabled Army Captain (Rtd.), who was a supporter of former Army Commander, Sarath Fonseka presented his objections to the charge sheets instituted by prosecutors on the ground that charge sheets could not be filed without seeking the Attorney General’s (AG) advice.

The Colombo Crimes Division had alleged that disabled Army Captain (Rtd.) Gayan Prasad Kumara Vithanage had prevented prison officials from carrying out their duties when Mr. Fonseka was being taken for treatment to the private hospital on July 21 last year. The CCD had filed four criminal charges against him on the allegation of obstructing prisons officers from carrying out their duties, use of criminal force to deter them from discharging their duties, voluntarily causing injuries to the prison officials by assaulting with crutches and threatening to injure prison officials.

The Defence Counsel Jayantha Dias Nanayakkara appearing on behalf of the accused informed Court that the charges levelled against his client were based on the allegations of preventing government servants from carrying out their duties and as such the prosecutors have to take the Attorney General’s advice. He argued that the prosecutors could not file charge sheets in this instance, and could do so after receiving the AG’S advice.

Having considered the submissions, the Colombo Fort Acting Magistrate fixed the matter for a calling date and the three witnesses were ordered to be present in Court on May 4.

Making a complaint at the Colombo Crime Division, a jailer attached to the prison headquarters had alleged that the suspect on crutches had assaulted a prisons official and prevented other officials from carrying out their duties when they were taking the former army commander to the prison after he had received treatment at the private hospital.

In his complaint, the prisons official had told police that the suspect who was allegedly involved in the incident was regularly present when the former army commander was taken to different locations.

The jailer further complained that a person carrying a camera had attempted to come close to Mr. Fonseka while he was being escorted by the prisons officials. The prisons officials had intervened to prevent the person from taking photographs as the person was attempting to get close to Mr. Fonseka with the help of the suspect on crutches.