Daily Mirror (Sri Lanka)

Nawser Fowzie case: Magistrate reserves order for June 27

- BY T. FAROOK THAJUDEEN

A former Western Province DIG on the directive from higher authoritie­s had freed UPFA Provincial Councillor Nawser Fowzie outside Court for threatenin­g a businessma­n at gun point and set Fowzie scot-free unlawfully, said Senior Counsel Ajith Pathirana appearing with Hussein Azad Sainon, Madura Welgama and Danushka Weerasingh­e for the aggrieved businessma­n before a Colombo Magistrate yesterday.

Higher authoritie­s had freed UPFA Provincial Councillor Nawser Fowzie outside Court for threatenin­g a businessma­n at gun point and set Fowzie scot-free unlawfully

Counsel Pathirana made this disclosure to Additional Magistrate Nirosha Fernando during the inquiry into the case in which Mr. Fowzie was charged by the Colombo Crime Division (CCD) for

Counsel Pathirana told the Magistrate that his client had complained to Cinnamon Gardens Police but the Police had only filed a report in Court without taking further action

threatenin­g Businessma­n Musthak Salay Mohamed of Bambalapit­iya on January 13, 2012 at Torrington Square while Mr. Mohamed was cycling.

Counsel Pathirana told the Magistrate that his client had complained to Cinnamon Gardens Police but the Police had only filed a report in Court without taking further action.

He said that the police in that report had listed PC 49477 as an eye witness. However, no action had been taken to arrest Mr Fowzie or to take into custody the vehicle involved in the incident when there was ample evidence due to political influence the suspect had during the former regime.

Counsel Pathirana said thereafter the DIG had unlawfully held inquiries and had set Mr. Fowzie free outside Court without taking any action. He said the CCD had charged the suspect under sections 332 and 486 of the Penal Code and the Court to fix the matter for trial.

Counsel Anil Silva PC appearing for Mr. Fowzie said the offence committed by the suspect was a matter that should be referred for mediation. He said he will not make any submission­s in Court and the Court has to decide aptly on the next step. Magistrate Fernando reserved her order for June 27 to decide whether to fix the case for trial or to refer the matter for mediation.

Counsel Pathirana said thereafter the DIG had unlawfully held inquiries and had set Mr. Fowzie free outside Court without taking any action. He said the CCD had charged the suspect under sections 332 and 486 of the Penal Code and the Court to fix the matter for trial

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