No arrest warrant till police ask for it
Issuing an arrest warrant on parliamentarian Duminda Silva would be pointless unless the police asked for it
At the inquiry into the killing of former presidential advisor Bharatha Lakshman Premachandra, Court observed that issuing an arrest warrant on parliamentarian Duminda Silva would be pointless unless the police asked for it, because it was the police which had to convey the order to Interpol.
Colombo Additional Magistrate Prasanna De Alwis made this observation after considering the submissions made by Counsel
Upul Kumarapperuma who appeared on behalf of Mr. Premachandra’s wife and asked Court to issue a warrant for Mr. Silva’s arrest because the CID was doing little or nothing to arrest him.
He said the CID and the president’s counsel who watched the interest of Mr. Silva’s father were continuing to say that Mr. Silva had undergone several surgeries and had to undergo more surgeries but had not filed any medical reports from the hospital.
Mr. Kumarapperuma asked court to issue a warrant to the Interpol to arrest Duminda Silva.
He said the CID report states that Mr. Silva was unable to recall what happened on the day of the incident and asked Court whether it was relying on statement given by Mr. Silva to the CID.
Mr. Kumarapperuma said in such instances the suspect who says he or she could not remember what happened should be released because investigations could not be continued. He said under section 116 of the Criminal Procedure Code a warrant can be issued for the arrest of Duminda Silva.
CID officer Merryl Ranjan said the CID had already filed a report from consultant Surgeon Keith Go of Mount Elizabeth Hospital in Singapore. It states Mr. Silva had undergone several brain operations and not fit to attend courts.
He said the Doctor had recommended that he should not travel by air in his present health condition.
Mr Ranjan said the Attorney General had also conducted an investigation on the alleged abduction of 16th suspect Galaboda at Kaduwela. That report too had been sent to the Attorney General and awaiting his advice.
President’s counsel Hemantha Warnakulasuriya appearing for Duminda Silva’s father said Mr. Premachandra’s counsel had repeatedly called for the issuance of an arrest warrant. He said the counsel should seek redress from the Court of Appeal instead of making submissions before the Magistrate to issue warrants.