(Lanka-e-News -01.Jan.2016, 10.00PM) While it is being repeatedly accused that the legal division of the army now under the incumbent president Maithripala Sirisena who is the commander in chief of the forces ,has officially entered the Guiness book of (ignominious) records by appearing on behalf of the criminal army officers who committed murders under the Rajapakse regime then , another intriguing incident took place day before yesterday (30) at the Homagama magistrate courts in Prageeth Ekneliyagoda trial ……
In the abduction and murder of journalist Prageeth Ekneliyagoda , another suspect , an army officer was arrested and produced in court yesterday by the CID. Lawyer U .R. De Silva PC yesterday appeared on behalf of the army suspects who are already in remand custody , while claiming he is representing the legal division of the army with deceitful motives.
The State counsel , Dileep Peiris appearing on behalf of the Attorney General’s (AG) department pointed out that since the army is a State department , its legal division can only be represented by the AG’s department and not by a lawyer privately hired for a fee, and therefore U .R.D.Silva’s appearance is illegal.
Magistrate Nelumdeniya who is inexperienced said , even the AG ‘s department employs private sector lawyers.To this Dileep Peiris countering that statement enlightened the magistrate, that does not happen in the AG’s department , and only counsels of the AG’s department appear for cases.
The magistrate reiterating what he said earlier remarked , even in his court private lawyers appear through proxy on behalf of the AG’s department. At that stage , Lawyers Dileep Peiris and Upul Kumaraperuma explained to the magistrate, appearing through proxy and appearing for a case are two different things. Though proxies are used in remote courts , when a case is being tried , never has the AG’s department employed private lawyers outside its department to appear in court . Hence , if the army needs legal assistance , that should be done through the AG’s department , and not through private lawyers , which is absolutely unlawful. Following this explanation , a heated argument erupted between Nelumdeniya and the lawyers.
Finally , the AG’s department objected to granting bail to the army suspects . The magistrate then remanded all the army suspects until the 11 th of January .The latest suspect arrested by the CID too was remanded.
Nelumdeniya the Homagama magistrate will be hearing cases only until 31 st December , and thereafter a new magistrate shall be taking over. On the 11 th of January therefore the new magistrate will be hearing the case.
It is to be noted that this is a most crucial case, and the army appearing on behalf of its criminal officers is a most shameful and reprehensible action deserving condemnation. The president Maithripala Sirisena as the defense minister cum commander in chief of the forces must hold himself responsible for these unlawful actions.
Lest president Maithripala Sirisena has forgotten, might we remind him , as we have done so often, he came to power after making solemn promises countless number of times that he would ensure investigations are duly conducted into the unlawful crimes and murders committed hitherto under the Rajapakse era , and mete out punishment to the culprits, and not to provide assistance and aid to the criminals, and thereby etch his name in the Guiness book of (ignominious) records.
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by (2016-01-01 16:47:01)
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