Lasantha Wickrematunge assasination: Govt. to ‘review’ AG’s decision on suspect trio
THE MORNING LK NEWS
06 Feb 2025 | BY Sahan Tennekoon and Apsara Rodrigo
Journo groups to protest against AG’s decision to ‘discharge’
The Government has stated that it is currently reviewing the decision made by the Attorney General (AG) regarding three suspects implicated in the case of the murder of editor and lawyer Lasantha Wickrematunge.
This was announced by Cabinet Spokesperson, Mass Media Minister Dr. Nalinda Jayatissa, during a press briefing held at the Department of Government Information yesterday (5). He further stated that an official statement will be issued after a thorough study of the AG’s decision.
According to the letter sent on 27 January by AG, President’s Counsel Parinda Ranasinghe Junior to the CID Director on case number B 92/2009 at the Mount Lavinia Magistrate’s Court, with copies of the same to the Mount Lavinia Magistrate, the Director of the Police Legal Division and an Officer-In-Charge of a particular CID section (seen by The Daily Morning), the AG has informed the CID Director that he/she (CID Director) should inform the Magistrate that he (AG) does not intend to pursue legal proceedings against three suspects – Prem Ananda Udalagama, Hettiarachchige Don Tissasiri Sugathapala, and Witharana Arachchige Sirimevan Prasanna Nanayakkara – and that they could be released from the case. Further, the AG has instructed the CID Director to report on the Court’s action upon being informed of the same to him (AG) within 14 days of the receipt of this letter.
Meanwhile, the Journalists For Rights organisation stated that the AG’s Department should release a statement following the decision to release three suspects who were arrested and enlarged on bail for allegedly covering up evidence related to the assassination of Wickrematunge. The organisation also questioned the investigation into the whereabouts of Wickrematunge’s notebook and urged Government intervention. “We are now questioning whether the investigations that led up to the suspects’ arrests are lies,” the organisation’s spokesperson, K. Sanjeewa, said at a press conference yesterday. “The AG should explain the reasons for this request as there are various suspicions about the fairness of the process.” The organisation urged that the Government maintains a transparent system with regard to the AG’s decisions.
“In addition to Wickrematunge, there are also many journalists in the North that have gone missing,” Sanjeewa claimed. “We have questions as to whether they are being investigated.”
Section 153 of the Code of Criminal Procedure Act states that, “If the Magistrate considers that the evidence against the accused is not sufficient to put him/her on trial, the Magistrate shall forthwith, for reasons to be recorded by him/her, order him/her to be discharged as to the particular charge under inquiry; but, such discharge shall not be a bar to any subsequent charge in respect of the same facts.” Section 190 of the said Act holds that, “the Magistrate may with the previous sanction of the AG, for reasons to be recorded by the Magistrate, stop the proceedings at any stage without pronouncing any judgment, either of acquittal or conviction, and may thereupon discharge the accused.” Section 396 of the same Act reads: “If, after the receipt by him of the certified copy of the record of an inquiry, the AG is of the opinion that there is no sufficient evidence to warrant a commitment for trial, or if for any reason he/she is of the opinion that the accused should be discharged from the matter of the complaint, information or charge, and if the accused is in custody from further detention, he/she may by order, in writing, quash the commitment made by the Magistrate and may direct the Registrar of the High Court to return the record of the inquiry to the Magistrate’s Court.”
The Working Journalists Association, issuing a press release in this regard, expressed condemnation of the reported move of the AG and expressed its opposition to the AG, the President, the Justice and Mass Media Ministers and the Government. The Association observed that the three suspects in question were security forces personnel. They queried as to whether this was the fulfilment through the AG of a request made to the President from retired security forces personnel who supported the President during his electoral campaign and a subsequent directive from the President to the AG. In conclusion, they requested that the independence of the Judiciary not be interfered with.
Moreover, the Young Journalists’ Association is to conduct a protest regarding the same in front of the AG’s Department today (6) at noon.
When contacted by The Daily Morning, the AG’s Department top sources, defended the decision, claiming that the lack of evidence against the said suspects was behind the decision to recommend their discharge.
Despite attempts, Justice Minister, attorney Harshana Nanayakkara and Justice Ministry Secretary Ayesha Jinasena PC were not available for immediate comment. (THE MORNING LK NEWS)