News
No provision to accept Submissions as a sealed document: Magistrate
View(s):Counsel appearing on behalf of an Attorney-at-Law who claims attempts were made by two Attorney General’s (AG) Dept officials to forcibly obtain an affidavit related to the Perpetual Treasuries Ltd (PTL) case on the Bond scam this week, raised objections to the AG’s Dept trying to file written submissions as a sealed document, to courts.
Wasantha Navratna Bandara P.C., appearing on behalf of Attorney-at-Law Chandana Perera, told the Colombo Fort Magistrate’s Court this week that, there was no provision or Legal right to submit the submissions as a sealed document. The AG’s Dept was responding to a previous allegation that two of its officials had used undue methods to collect evidence from the Lawyer and employees of W.M. Mendis & Co. in the PTL case against Arjun Aloysius and Kasun Palisena.
When the case was taken up before Colombo Fort Magistrate Lanka Jayaratna, Additional Solicitor General Yasantha Kodagoda P.C. told courts he was totally denying the allegations by Mr Perera that his Dept and the CID had influenced him or the employees. Mr Kodagoda said he was submitting observations of his Dept and the CID as two separate documents, and the courts could take appropriate action after studying the documents.
The Magistrate questioned as to why the documents were being submitted in a sealed envelope. Mr Kodagoda responded saying it contained sensitive information and therefore, it was being submitted as confidential documents. The Magistrate said that to her knowledge there was no provision to accept a sealed document in this manner. She said that, if such document is accepted, it should be included in the case file and an issue of confidentiality would arise.
Magistrate questioned if the documents could be included in the file and Mr Kodagoda said the courts could decide on it. The Magistrate thereafter handed over the sealed envelope to IP Wimal Jayaweera of the CID, after stating that such a document could not be accepted by courts and that court will make its observations regarding this matter, after study. Suspects Aloysius and Palisena were further remanded until October 25.