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Mirihana protest case: AG now decides to pursue charges against Satha Nalaka
View(s):Magistrates remands suspect, says appalled by State’s earlier decision to withdraw charges
The Attorney General’s (AG) Department on Friday told the Gangodawila Magistrate’s Court that there was sufficient evidence to pursue investigations against Asantha Nalaka Wijesinghe alias Satha Nalaka alias Arabi Wasantha under the Public Property Act, when the case regarding protests in front of the President’s private residence in Mirihana was taken up.
Protest scene at Mirihana on March 31
Appearing for the Criminal Investigation Department (CID), State Counsel (SC) Shaminda Wickrema submitted that, after a further careful review of events, the AG would not pursue a motion earlier filed to withdraw the charges against Satha Nalaka.
He was referring to a B report submitted by the CID on June 24, 2022, by way of a motion with respect to Satha Nalaka (57th suspect) on the instructions of an officer of the AG’s Department to withdraw the public property charge saying there was some material to support that position. Magistrate Prasanna Alwis pronounced a lengthy order in open court, stating that he was appalled by the motion previously filed by the State seeking the withdrawal of public property charges. Agreeing with the State’s submissions on Friday that the case should proceed under the Public Property Act against both the 56th and 57th suspects, he made an order remanding them until the conclusion of the case.
During the proceedings, State Counsel Wickrema drew the court’s attention to events following the protest on March 31, 2022. The CID started investigations on April 1 and was searching for Satha Nalaka from April 25. He was arrested on May 20 and produced on June 3. While he was absconding, the suspect had posted on social media, challenging the authorities’ ability to capture him.
On Satha Nalaka’s behalf, it was submitted that he drove an army bus and blocked the road with it to “save the life and property of the President”.
State Counsel Wickrema told court there were only eight statements in favour of Satha Nalaka. Notably, all were given after he was included as a suspect in the case, not before. They were from a brigadier and some other officers, most of whom came to the police of their own volition and not as directed by the CID. They maintained that due to Satha Nalaka’s acts, there was a lessening of violence at the protest and that it assisted to save the President and his property.
By contrast, some 400 statements were recorded from officials, protesters and the public, including nearly 300 statements from police, army and other Government officers, Mr. Wickrema maintained. None of these statements nor the ample video evidence supported the position taken up by Satha Nalaka or statements made in his favour.
Almost all army and police officials deployed at Mirihana, including army officers and drivers in charge of army buses, stated the opposite, the State Counsel told Court. They have said the bus blocked the water cannon, thereby obstructing police, and that some protesters used it as a cover to throw stones at the police.
State Counsil Wickrema maintained that Satha Nalaka’s actions had in no way lessened the violence, but escalated it; and, on the pretext of helping, caused theft, misappropriation and mischief to public property. They were all offences within the Public Property Act.
Even if it could be believed the suspect has some intention to save the life and property of the President, it would not absolve him of public property offences. If at all, it would be a defence at a later trial. And even the President, if aggrieved by the incident, ought to be aware that Satha Nalaka’s actions worsened the events.Satha Nalaka is also suspect in causing grievous injuries to a protester at Galle Face on May 9, 2022, and was seen actively contributing to the escalation of the violence at the Parliament protests on May 5, 2022.
Senior lawyer Ranjith Subasinghe who appeared on behalf of Satha Nalaka sought bail and also agreed to part of the State’s submissions. Short submissions were made for bail for the 56th suspect, accused of setting fire to the bus, by his lawyer, Keerthi Udawatte.
Inspector Thusitha Kahagalla of the CID’s Public Complaints Unit filed all B Reports for the CID.
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