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AG’s Dept awaits crucial DNA report to indict suspects
View(s):Tangalle killing of British national | Case shifted from Tangalle to Colombo following allegations of suspects threatening witnesses
The Attorney General’s (AG) Dept is still waiting for a crucial DNA report to indict suspects in the killing of British Red Cross Worker Khuram Shaikh 18 months ago, an authoritative source from the Dept. said.
The case was shifted from the Tangalle Magistrate’s Court to the Colombo Chief Magistrate’s Court last week, following allegations that the suspects had threatened witnesses. Tangalle Pradeshiya Sabha Chairman Sampath Chandrapushpa Vidanapathirana and seven others are on bail since November 2012.
“The investigation is ongoing and a DNA report is due from the Ragama Faculty of Medicine,” said the source. “We expect to receive it in about two or three weeks, after which, we will finalise the charges.” He maintained that the DNA report was a complicated yet essential component of the investigation.
AG’s Dept. officials were also quoted in March as saying they were waiting for this same DNA report. The Criminal Investigation Department (CID) has taken over investigations on the instructions of the Inspector General of Police, Assistant Superintendent of Police R.M.K. Ratnayake informed Colombo Chief Magistrate Gihan Pilapitiya when the case came up for hearing on Friday.
The Tangalle police have completed the initial inquiry into the killing. Among the allegations being investigated are unlawful assembly, issuing of death threats, murder and assault. Meanwhile, the British Parliamentarian representing the interests of Mr. Shaikh’s family, urged Sri Lanka’s authorities to ensure that there was no political interference in the case.
“It is very disturbing to see reports alleging that suspects have been threatening witnesses in the case of my constituent Khuram Shaikh,” Simon Danczuk, Rochdale’s Member of Parliament told the Sunday Times via e-mail. “The Sri Lankan authorities must step up their efforts and do everything possible to ensure that there is no political interference to stop justice running its course.”
Mr. Danczuk said that the victim’s family has waited a long time for justice, and “they deserve better than this”. He added that, despite all kinds of assurances from Sri Lankan officials, it would appear that the judicial system has made no progress in delivering justice for Mr. Shaikh. It is 18 months since he was killed and his partner, Victoria Tkacheva allegedly raped at a holiday resort in Tangalle.
The AG’s Department source rejected allegations that the case was being delayed through political interference. “That is total nonsense,” he said. “We are taking the necessary investigative steps.” He explained that the Dept. couldn’t unnecessarily start the case without all the necessary evidence being available.
Asked whether a strong case was building up against the suspects, he said, “I can’t comment on the case for the moment. One victim is abroad, and we don’t know whether she is willing to come. Everything depends on those factors. We are monitoring the CID’s investigations.”
The Ministry of External Affairs said in March that the AG would directly indict the suspects in the High Court under the provisions of the newly passed Code of Criminal Procedure (Special Provisions) Act. The law allows for non-summary proceedings in connection with several serious criminal acts such as murder, to be indicted directly in the High Court, foregoing the magisterial inquiry.
The other suspects in the case are O.A. Lahiru Kelum, U. Saman Deshapriya, W. Praneeth Chathuranga, N. Sarath alias Sahan, H.T. Nuwan Chinthaka alias Pati and E.P. Nadeera Shamel.
Counsel for the suspects denied that they had threatened the witnesses. They claimed that the suspects didn’t even know the witnesses. Mr. Vidanapathirana’s lawyer also requested Court to release his passport, as he needed to travel to Korea. The Magistrate instructed him to make an application to the High Court in this regard.The Magistrate called for a progress report on November 1, 2013, when the case will be taken up again.
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