ASP Udugampola to stand trial on 19 charges

Assistant Superintendent of Police Kulasiri Udugampola is to stand trial in the Kandy High Court on 19 charges, including the first indictment under the Official Secrets Act, consequent to the order made by High Court Judge Nalin Perera, when the first objection was overruled. The date for the Ttial has been fixed for March 14, 2007.

Senior State Counsel Riyaz Hamza moved Court that summons be delivered through the Director of the Criminal Investigations Department to the named witnesses.

Earlier, Kandy High Court Judge Nalin Perera reserved his order after hearing State Counsel Riyaz Hamza and Defence Attorney-at-Law Kalinga Indatissa as to the question of 'quashing' the first indictment of the Official Secrets Act Secion 6(2)(a), where ASP Kulasiri Udugampola had been indicted under the Official Secrets Act and 16 other indictments in the Penal Code.

When the case was taken up on November 20, 2005 at Kandy High Court (2) before High Court Judge Nalin Perera, the Cousel for the prosecution and defence submitted cases from the English Law and law of our courts. After hearing the submissions, the High Court Judge reserved his order for December 15, 2006.

On the previous date, Court said it could decide on a case to a conclusion by circumstances and the conduct of the accused, when the purpose of his act was prejudicial to the security of the State, but since no authorities have been submitted to court on the question of 'quashing' the first indictment the High Court Judge ordered both Counsel to make their submissions on this question and also on Section 6 (2)(a) of the Act.

The defence counsel on two previous dates stated that they were unable to defend the accused ASP Kulasiri Udugampola due to the first indictment, which they submitted to Court was vague and sought an amendment, giving the precise charges.

Defence Counsel Attorney Ranil Samarasuriya objected to the amendment and said the amendment was vague and that he was unable to defend the accused, if it was amended. He submitted to Court that it should be properly amended or quashed. He told Court that he appeared with Attorney Kalinga Indatissa in this case.

There are 19 charges against the accused ASP Udugampola, out of which 18 are under the Penal Code. The charges are for aiding and abetting the Headquarters Inspector of Kandy for wrongful confinement of suspects, for aiding and abetting OIC Katugastota Chief Inspector Mohottigedera to confine suspects at Katugastota Police Station and also for illegally framing charges against the Army Commander and a Brigadier.

The accused ASP Kulasiri Udugampola was present in Court. Senior State Counsel Riyaz Hamza appeared for the Attorney General.

Attorney-at-Law D. Kariyawasam appeared for the accused ASP.