Athas case appeal: hearing in January

The writ application filed in the Court of Appeal against the conviction of two Air Force officers for intimidation and criminal trespass of The Sunday Times Defence Correspondent Iqbal Athas was postponed for hearing on January 25, 2007. Rukman Herath and Don Pradeep Sujeeva Kannangara were found guilty for criminal trespass and intimidation when they forcibly entered the premises of Mr. Athas on February 12, 1998. They were sentenced to 7 years RI on the first count and two years RI on the second count and fined Rs. 10,000 each. In case the fine was not paid a further one year to be added to the sentence.

The first accused Rukman Herath was killed in an alleged private dispute while the appeal was pending and Court allowed his father Amarawansa Bandara Herath to appear on behalf of the son. Appearing for the accused, President’s Counsel Ranjith Abeysuriya in his oral submissions to court said the accused were not present when the premises of Mr. Athas were searched. He said those who went there were under the impression that the premises were operating a house of ill fame and when they were informed in the negative they had gone away.

The case was to be heard on two consecutive days November 27 and 28 - but Senior State Counsel Dapula de Livera appearing for the Attorney General informed Court that he would not be available on November 28 as he had to attend a conference and moved that the proceedings be heard on another date. Justices S.I. Imam and Sarath de Abrew then said the case would be heard on January 25, 2007.