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Duminda undergoing further surgery in Singapore – Counsel

 

Matter could be conclude soon - CID

Duminda undergoing further surgery in Singapore – Counsel

 

 
Colombo Additional Magistrate Prasanna Alwis yesterday held that the application, made by parliamentarian Duminda Silva’s father, Premalal Silva, that Miss Hirunika Premachandra had committed contempt of Court, referred to incidents which had taken place outside the precincts of Court and not within the immediate purview of the Magistrate’s Court. Therefore, the Court did not have jurisdiction to inquire into the matter. He said the interested parties could file the necessary papers in the Court of Appeal which had jurisdiction to hear and determine the offences alleged to have been committed by Hirunika Premachandra.
 
ASP Shani Abeysekera of the CID, who is in charge of the investigations, informed Court that the statement obtained from Duminda Silva had been handed over to the Attorney General and thereafter several discussions had been held in order to conclude investigations and to file a final report. The CID also stated that it was the view of the Attorney General’s Department that the matter could be concluded within a short period of time..
 
At this stage President’s Counsel Hemantha Warnakulasuriya, appearing for Premalal Silva, stated that Hirunika Premachandra continued to violate the rule of ‘Sub-Judice’ and makes statements which amount to contempt of Court.
 
Recently, especially within the last two weeks, the newspapers reported that Duminda Silva had returned to Sri Lanka and was in hiding and his whereabouts were not known, Counsel said adding that he had been informed that Hirunika Premachandra was the source of that "absolutely false information" and that she had deliberately lied and misled the media to make the public believe that his client, Duminda Silva, was in Sri Lanka. "I make this very responsible statement that at the moment, when I am addressing this Court, Mr Duminda Silva is undergoing another operation in Singapore. It is the view of the experts, who are treating him, that it might take 2 to 3 months for him to fully recover, but whether he is fit enough to travel by plane and whether airlines would permit a person, who had suffered such serious injuries to the brain, to travel to Sri Lanka is a matter within the exclusive purview of the medical team and the airlines. By these statements, Hirunika Premachandra has continued to divert the public attention towards her and shows the world that she is privy to information that even I, as his counsel, have not been made aware of. The relatives and even the counsel have been inundated with telephone calls and inquires from various sources inquiring whether Duminda Silva is in Sri Lanka. This has caused a major public outcry over the Police or CID not taking appropriate action to arrest him and produce him in Court. Certain newspaper reports state that Hirunika Premachandra had given telephone calls to the IGP to inquire into that matter. Hirunika Premachandra blatantly lied to Court, when she said that she was a party to this case. She, who is crying foul and making such a hue and cry about the murder of her father, did not even give a statement neither did she volunteer to make a statement to the CID. She came to Court and submitted, through her lawyer, a newspaper articles claiming that there was a conspiracy to assassinate her. Though this did not come within the purview of this case, she falsely claimed that she was a party to it and wanted the Court to intervene. The Court readily agreed and issued notice on the IGP and the CID to inquire and report on the spurious allegations contained in a tabloid. Thereafter, for the last one week she had been telephoning all major newspapers stating that Duminda Silva was coming to Sri Lanka or had come to Sri Lanka. She had given the date and the time of arrival and the media took her word and spent hours at the Katunayake Airport, to take photographs of Duminda Silva. That was to create falls concern in the minds of the public that Duminda Silva was being shielded and the police were not taking any action to arrest him. Many websites even produced photographs of her in a bikini or shorts. We had copies of those photographs but never brought them to the notice of the Court or even mentioned it though she continued to defame my client.
 
"There was information that Bharatha Lakshaman Premachandra shot Duminda Silva. We never made submissions on conjecture. But now, this incident has been blown out of proportion. Duminda Silva is convalescing in Singapore under the guidance of medical experts. The parents of Duminda Silva are doing everything possible to make him well and get back to h normalcy. But, these concocted stories, fabricated by Hirunika are causing major concerns in the minds of those who are near and dear to Duminda Silva," Counsel Warnakulasuriya said.
 
At that stage, Attorney-at-Law Upali Kumarapperuma, appearing fo Hirunika Premachandra, said that Hiruniaka telephoned him and gave him that information. She was asked to inform the police and thereafter she had contacted the IGP and given him that information. "This cannot be contempt of Court," he said.
 
Counsel Warnakulasuriya said "It is alright to give information but not to give dead ropes to mislead the media, the public and the police. By dashing coconuts in front of the Court house, she demonstrated that she had no faith in Court as it would not issue a warrant, but she sought divine intervention of the pantheon of Gods to issue a warrant.
 
Counsel Kumarapperuma requested the Court to investigate the information that appeared in the newspapers. Magistrate Prasanna Alwis then said that he cannot go into allegations in the newspapers but referred to the report filed by Doctors in Singapore detailing the present condition of Duminda Silva. He said that the Court was quite satisfied with the report of the doctors. He was also satisfied with the reports filed by the CID. The CID had said that the matter would be conclude within the next 2 to 3 days.
 
Counsel Warnakulasuriya said as Hirunka Premachandra continued to violate the ‘sub-judice’ rule and was thereby committing contempt of Court, he would file a revision application seeking to revise the order of this Court.
 
Attorney-at-Law Upali Kumarapperuma appeared for the aggrieved party.
 
Attorney-at-Law Anusha Premaratne appeared for some suspects.
 
President’s Counsel Hemantha Warnakulasuriya, L L A Cardoz, Chandrasiri Wijesinghe, Weerasena Ranahewa, Mrs Inoka Gamage, Premasiri Perera, Jayatissa Gamage, Charitha Jaymapathi and Indrajith Ameratunga instructed by Vijitha Wickremasekara appeared for Duminda Silva. ASP Shani Abeysekera and Merryl Ranjan appeared for the CID.
 
(Island)
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