Sunday, April 28, 2013

Incarceration impeding suspect’s recovery - Counsel

By Mike Andree-April 26, 2013,

Colombo Additional Magistrate and District Judge Ranga Wimalasena yesterday gave effect to Colombo High Court Judge Lalith Jayasuriya’s order by releasing the 11th suspect in the Baratha Lakshman murder case, Parliamentarian Duminda Silva on bail.

This followed submissions by Duminda Silva’s lawyer, President’s Counsel Hemantha Warnakulasuriya that though his client had been released on bail, the doctors had not discharged him from hospital. He said that even during the last two days the case was taken up, Duminda Silva had been absent as Senior Consultant Neuro Surgeon Dr. Maheshi Wijeratna had said that the patient was not fit to attend Court and it had been accepted by the Court.

The President’s Counsel stated that the very fact that he had been incarcerated had aggravated Duminda Silva’s recovery and impeded his progress.

He said the fact that he was surrounded by jail guards, had adversely affected his client’s progress. "Therefore, he has been advised to live in a very hygienic environment among his relations. Dr. Keith Goh has stated, very clearly, in the medical certificate that "any adverse factors, stress and the slightest impacts will not only reverse the progress that he has made, but will also be life threatening."

Counsel Warnakulasuriya requested the Court to give effect to the High court bail order and permit the Court’s Registrar, under special circumstances, to visit the Nawaloka hospital and obtain Duminda Silva’s signature to the bail bond as he had not been discharged from the hospital as yet.

The Magistrate, having considered the submissions, accepted Premalal Silva, a leading businessman and Proboda Silva, his brother, an engineer by profession as sureties. The magistrate thereafter read the bail conditions of the bond and impounded Duminda Silva’s passport. Thereafter he made order to the Registrar of Court No. 09, Indika Gunasekara, to proceed to Nawaloka Hospital and obtain Duminda Silva’s signature on the bail bond and then inform Welikada prison authorities that he had been released on bail.

Up to the time of going to press, Monitoring MP of the Defence and Urban Development Ministry, Duminda Silva, was still at the Nawaloka hospital as the doctors had not discharged him.

President’s Counsel Hemantha Warnakulasuriya appeared for the accused along with Attorneys-at Law Weerasena Ranahewa, Premasiri Perera and Hansadewa Samaradiwakara, instructed by Mrs Vijitha Wickramasekara.

Foreign woman raped by UPFA ruled PS chairman speaks

MONDAY, 22 APRIL 2013

The foreign woman who was raped by a group including the Chairman of UPFA ruled Tangalle Pradeshiya Sabha after murdering her fiancé, 32 year old British Red Cross worker Khuram Shaikh, in the Nature resort Hotel in Tangalle on Christmas eve in 2011 has told her story for the first time.

24 year old Victoria Alexandrevna, the Russian fiancée of the murdered British national recalling the horrible memories of the incident has said that the gang of thugs stripped her and raped her after murdering her fiancée. She has said she has no confidence that justice would be done for the Crimes in Sri Lanka. However, she had said that she was determined to fight for justice.

The Chairman of UPFA ruled Tangalle Pradeshiya Sabha Sampath Chandrapushpa and others in the group were arrested and released on bail.