Athas case resumes on June 12

Hearing of the appeal filed by two former Air Force officers who were found guilty and convicted by the Colombo High Court in the case of unlawful trespassing with firearms and intimidation of the family of The Sunday Times Defence Correspondent and Consultant Editor, Iqbal Athas, will resume on June 12.

The officers Rukman Herath and Don Pradeep Sujeewa Kannangara were found guilty on two counts and sentenced to seven years rigorous imprisonment on the first count and two years rigorous imprisonment on the second count and a fine of Rs. 10,000 imposed on each of them with a year added to the sentence if the fine was not paid..

The first accused Herath was killed while the appeal was pending and he was represented in court by his father. The appeal was taken up for hearing this week before a Court of Appeal Bench comprising Justice M.I. Immam and Justice Sarath de Abrew.

Ranjith Abeysuriya PC, counsel for the accused told court that the identification parade conducted to identify the two suspects was questionable as the CID had taken away their identity cards which were returned only half an hour later.

Replying Deputy Solicitor General Dapula de Livera said that when any person states that he was from a particular institution he has to prove his identity and that was the reason the CID had called for the service identity which was the normal practice.

Mr. Abeysuriya said in the initial statement made by Mr. and Ms Athas to the Mirihana police they did not give a clear description of the accused.

Mr. de Livera in reply said they did not give a description in detail as they had no faith in the Mirihana Police and that was the reason why they approached the CID and gave a detailed statement.

Mr. Abeysuriya said the people who appeared at the identification parade were haphazardly selected and had no resemblance to the two accused, but State Counsel said the parade was in accordance with the norms of holding a parade and there were no discrepancies according to the reports.

He also requested court that he be furnished with a set of documents that the defence made reference to regarding the proceedings of the parade, as he was not in possession of them.