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B’DAY BASH BOOMERANGS
Shotgun Silvas strike again
By Asif Fuard and Marisade Silva
The alleged clash between a deputy minister’s son and Police Narcotics Bureau officers at a popular night club in a five star hotel last Saturday and the incidents that followed have thrown up serious questions on how the Police handled the investigation.

About 25 PNB officers, armed with a warrant, strode into the My Kind of Place (MKOP) night club at the Taj Samudra in the wee hours of last Sunday, in search of a drug peddler following a tip-off.

The PNB team, headed by Chief Inspector P.B. Balachandra had entered the club at about 1 a.m. and on producing their search warrant to the manager of the club, they were permitted to carry out their task. This raid had been part of similar raids being carried out in other clubs.

The PNB team had first searched the car park and having found nothing they had moved on to the Mix bar in the hotel. The team had first gone up to the DJ console and asked him to make an announcement that they were going to carry out a search within the club premises and for the crowd to remain calm until they concluded their task.

After the officers had concluded their search they had made an announcement that they had finished their task and would be leaving. On hearing the announcement the crowd had cheered although the officers had not been able to find their ‘wanted’ man.

When leaving the club, one of the PNB officers had reportedly had a confrontation with Mervyn Silva’s son Malaka, who reportedly had a bottle of Martini in his hand. Malaka Silva had allegedly provoked the officer by saying,“Umbala Narcotics eke un mona magulatade mehe ringanne?” (What the hell are you Narcotics guys creeping in here for?). The officer had retorted angrily and an argument followed.

Malaka, had then allegedly grabbed the officer by the collar and struck him thrice in the face, leaving him with a split lip and a few cuts and bruises.
“As Malaka and one of his body guards had revolvers with them, we didn’t want to pull out our weapons as Malaka might have panicked, and there would have been casualties,” the inspector said. PNB officers had put an end to the brawl by pulling the two men apart, he added.

At this point, Malaka had allegedly responded saying “Ado, umbala dannawade, umbala kaath ekke de happenne kiyala? Ado, mame Mervyn Silva ge putha!” (Do you know who you’re messing with? I’m Mervyn Silva’s son!) By this time, some of Malaka’s friends too had joined the brawl and were exchanging insults with the officers.

Police officers on the raid claim they had not arrested Malaka at the time as there were a lot of people around and they feared he might use his weapon.
However, they had told him to report to the Fort Police station the next day to give his statement. Malaka did this the following day accompanied by his mother and lawyer, Lakshman Ranasinghe.

Though the PNB team failed to arrest Malaka who allegedly possessed a weapon and assaulted a police officer, the team is reported to have recorded its observations and submitted it to the police.

Despite recording the fact that Malaka was in possession of a weapon the following day he was able to gain Police bail without even being produced before a magistrate.

Police Chief Chandra Fernando himself went on record saying there was no evidence to produce the suspects including Malaka’s private body guard, a former sailor of the Navy and the driver.

Colombo Division ASP Champika Siriwardena who is handling the case said there was not adequate evidence to prove that Malaka had assaulted and obstructed the PNB officers.

He said that due to the failure of the PNB officers to take Malaka into custody immediately, after the incident, it was difficult to prove any of the allegations against him.

“ Under section 266 of the Penal Code, the OIC has the power to release Malaka on police bail,” he said defending the move to release Malaka and the others.

He said that after questioning some waiters and the Manager of the MKOP and recording their statements, the Police would file action against Malaka and the others, if they found adequate evidence. According to club officials the guests had remained calm during the search as there was no disturbance to them and the PNB officials were only standing around and observing the crowd. He said that as they were walking out, he had seen an exchange of words between Malaka and the PNB officers.

The Sunday Times learns that on a previous occasion Malaka had allegedly been found carrying firearms at the same nightclub and was warned by the management not to bring them in again. Malaka had said he carried a weapon because he feared his life was in danger but hotels officials had assured him there would be no such danger in the hotel.

Meanwhile another explosive drama took place on Monday outside the Fort Magistrate’s courts when Deputy Minister Mervyn Silva launched a bitter verbal onslaught on journalists . His attack especially on two private TV stations drew sharp responses from journalist organizations.

How Mervyn Silva became “someone like Mervyn”
Investigations into a previous incident involving Deputy Minister Mervyn Silva and his son outside another popular night club late last year were apparently hushed up after police records were allegedly tampered with and a key witness was forced to change his evidence.

The key witness, a security guard of Clancy’s club in the Cinnamon Gardens police area is currently facing charges for changing his statement to the police after he initially identified the deputy minister among those who attacked the club.

A senior police officer confirmed that police statements had been changed to hamper the investigation.In this incident, Mr. Silva’s son was denied entry to the club as he was armed with a firearm. Thereafter a gang allegedly led by the deputy minister had attacked Clancys and Sopranos karaoke bar on October 31 last year.

The Brave Guard bouncers who provided security for the two night spots, first stated in their police entry that Mervyn Silva, his son and about hundred others had come in two Prado SUVs, two double-cabs and 20 three-wheelers and had caused pandemonium by damaging the two clubs. The guards also charged that the gang had grabbed bottles of expensive liquor and cell phones from the guests.

Later Mr. Silva resigned from his post as deputy minister until his name was cleared. A Brave Guard bouncer had later withdrawn his statement by stating to the Police that “someone like Mervyn Silva” had caused all the damage. Once Mr. Silva’s name was cleared he was again appointed deputy minister.
Incidentally Brave Guards security company is owned by former Minister Anuruddha Ratwatte’s son.

Sorry, sorry but not quitting this time: DM
Amidst a new storm over another incident involving his son and his reaction to it, Deputy Minister Mervyn Silva has apologised for causing any offence to anyone and pointed out that it was the natural reaction of an angry father.
Mr. Silva told The Sunday Times he had specifically apologised to the Indian community saying that his insults were not directed at them but rather, at a particular media organisation. He said he did not wish to resign from his Deputy Minister’s post as he did last year in the aftermath of another incident involving his son.

“The media caused me to resign once, I’m not going to let it happen again. This is not the end, it is only the beginning,” he said. Mr. Silva asked why the police did not arrest his son on the spot if he had assaulted or obstructed any officer.

“All these false allegations are brought against me and my family by people who are jealous of me or bear a personal grudge against me,” he charged.
Mr. Silva said last Saturday had been his son’s birthday and he had told him to go and enjoy himself with his friends.

Mr. Silva said that Malaka had told him he would be going to the Taj Hotel. Mr. Silva said he too had gone to the Taj for dinner along with his wife and relatives but Malaka had not known about it. He said that after Malaka left the house around 7.30 p.m. he had not seen him again that night.

“According to my son, someone at the night club had apparently tried to take a photograph of him without his permission. Now this is a total violation of my son’s rights. So, naturally this provoked him and made him question the man. Just like his father, my son has a backbone and isn’t afraid of standing up for his rights.

“I had no idea of what had happened and I came to hear of it on the radio when I was returning from Attanagalla the following day (25). I heard that my wife, son and lawyer had gone to the police station to give a statement and I did not interfere. However, on getting wind that a newly appointed senior police officer for Colombo had told his officers that this time they had to somehow keep Malaka in remand, I phoned my lawyer and asked him to do everything in his power to clear my son’s name. The officer seems to be holding a personal grudge against me and is trying to take it out on my son,” Mr. Silva said.

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