Daily Mirror (Sri Lanka)

AG RAISES CONCERNS OVER DELAYING INVESTIGAT­IONS

Instructs Police to file complete informatio­n when seeking AG’S advice

- BY SHEHAN CHAMIKA SILVA

Attorney General Dappula de Livera PC had instructed the acting IGP to expedite the conclusion of investigat­ions relating to five high profile cases without further delay as the investigat­ions of these cases had not been concluded so far despite the continuous reminders by the AG.

The AG had instructed to send completed extracts (All materials of the investigat­ions) of the investigat­ions of Lasantha Wickrematu­nge murder case, Waseem Thajudeen murder inquiry, abduction of Keith Noyar, disappeara­nce of 11 youths and murders of 17 persons of an Aid group. In a letter addressing to the acting IGP, the AG had noted his serious concerns over the delay of concluding these investigat­ions by the Police despite the continuous reminders of the AG.

Meanwhile,ag Livera had also observed that some files that have been submitted to the AG’S Department for legal advices are incomplete and that it is a failure of the Police to comply with the provisions provided under the Section 393(6) of the Criminal Procedure Code.

Under the Criminal Procedure Code (section 393 (5)) “The Superinten­dent or Assistant Superinten­dent of Police in charge of any division shall report to the Attorney-general every offence committed within his area where, preliminar­y investigat­ion is imperative for the institutio­n of proceeding­s the consent or sanction of the Attorney-general is required a request for such report has been made by the Attorney-general such Superinten­dent or Assistant Superinten­dent considers the advice or assistance of the Attorney-general necessary the Magistrate so directs the offence was cognizable and the prosecutio­n was withdrawn or cannot be proceeded with when reporting in terms of subsection (5) the Police shall supply to the Attorneyge­neral a full statement of the circumstan­ces, copies of the statements of all witnesses, such other informatio­n, documents or production­s as may be relevant or as may be called for by the Attorneyge­neral, and where an inquest has been held, a copy of the inquest proceeding­s (393(6)).

Considerin­g the above provisions, the AG had instructed the acting IGP to inform all the divisions of the Police to comply with the provisions of law when they seek legal advice from the AG by filing complete informatio­n.

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