The Court of Appeal has issued an interim order preventing the Colombo High Court trial-at-bar from hearing the case against former Navy Commander Admiral of the Fleet Wasantha Karannagoda over the alleged abduction of 11 youths in 2008 and 2009.
A two-judge bench consisting of Appeals Court President A.H.M.D. Nawaz and Justice Sobhitha Rajakaruna had delivered the interim order today (25), while granting permission to take up the writ petition filed by Karannagoda.
The said interim order will be in effect until the petition hearing concludes, the judge bench ruled. Meanwhile, the Attorney General was instructed to file objections against the petition on the 22nd of July, if any.
When the petition was taken up on June 23, President’s Counsel (PC) Romesh de Silva, representing Karanngoda, said, despite the investigations into the case stretching out for 10 years and statements being recorded from over 150 persons, the police had failed to uncover evidence to prove his client guilty of abducting and killing the said 11 youths.
However, in 2017 Karannagoda was cited as a suspect in the case after a statement was recorded from former Navy Commander Travis Sinniah – who previously served as the security advisor of the US Embassy, PC de Silva said further.
He added that following the regime change in 2015, the probes into the incident were led by former Officer-In-Charge of the Organized Crimes Investigation Division of CID, Inspector Nishantha Silva on the instructions of then-CID Director Shani Abeysekara.
Nishantha de Silva was serving the needs of international organizations and non-governmental organizations, PC de Silva alleged.
The Attorney General naming Karanngoda as a suspect in the case 10 years after the alleged abduction incident is unlawful, he pointed out, seeking an interim order preventing the hearing of the case.
When the case was heard today, Additional Solicitor General PC Sarath Jayamanne, speaking on behalf of the Attorney General, said Karanngoda is absconding the court despite the summons issued on him by the Colombo High Court trial-at-bar.
He added that the court cannot grant the defendant’s requests as he has failed to present himself before the judge bench, PC Jayamanne added.
If the court issues an interim order as sought by the defence, the public trust on the judicial system will see a plunge, he stressed.
However, taking into account the submissions presented by the defence and the prosecution, the judge bench decided to issue the interim order.
