Fort Magistrate Isuru Neththikumara, last week (29 April), ordered the Criminal Investigation Department (CID) to re-name former Navy Commander and Chief of Defence Staff Ravindra Wijegunaratne as the second suspect in the case concerning the abduction and disappearance of eleven Tamil youths in Colombo and its surrounding areas, stating that advising the release of a suspect despite the existence of sufficient evidence to indict him constitutes a miscarriage of justice.
In the case filed on charges of abducting eleven Tamil youths in Colombo during 2008–2009, detaining them, and extorting ransom, Ravindra Wijegunaratne — who was previously named as the second suspect and subsequently released on the advice of the Attorney General — was ordered by the Magistrate to be re-named as a suspect in the same case.
The Magistrate issued this order in response to a request previously made by Attorney Achala Seneviratne, who made extensive submissions on behalf of the aggrieved party.
The order is as follows: Magistrate:
“It is not possible to reject the request of the aggrieved party when clear evidence has been presented against him. It appears that there is sufficient evidence against the suspect. To advise his release despite such evidence constitutes a miscarriage of justice.”
“In a non-summary inquiry, the Attorney General has no authority to release a suspect. The Attorney General issues instructions to the Criminal Investigation Department. Once the Criminal Investigation Department presents those facts before the Magistrate, the Magistrate examines them and makes an appropriate order at his discretion. The Magistrate is not bound to follow the instructions of the Attorney General. The Attorney General bears a significant responsibility in ensuring justice. Releasing a suspect on the advice of the Attorney General, despite the existence of evidence, is erroneous.”
Accordingly, a new charge sheet in relation to the charges presented is to be prepared, and the complaint is to be presented before Court on 10 June. The Court expects the Attorney General to extend his cooperation in future proceedings.