News
AG to file revision application challenging Mudalige release
View(s):- Magistrate says cops rigged evidence against student leader
By Ranjith Padmasiri
The Attorney General is to file a revision application against the order issued by the Colombo Chief Magistrate’s Court clearing Inter-University Students’ Federation (IUSF) Convener Wasantha Mudalige of charges filed under the Prevention of Terrorism Act (PTA).
The AG’s decision comes after Inspector General of Police (IGP) C.D. Wickramaratne wrote to him requesting that he appeal against the order. Accordingly, the AG is expected to file the revision application in the Colombo High Court next week.
On Tuesday, Colombo Chief Magistrate ruled that the police statement that Mr. Mudalige was among a group that dragged away a police officer during a protest, had been concocted with the aim of keeping him in detention through the abuse of the Prevention of Terrorism Act (PTA).
Wasantha Mudalige freed after months in detention. Pic by Jayamal Chandrasiri
Mr Mudalige was cleared of all charges and released from detention.
A police sergeant had given a statement claiming he identified the suspect among a group shown on the news dragging away a policeman guarding the main gate of the Education Ministry at Isurupaya during a protest. However, the ‘B Report’ submitted by the Thalangama Police to the Kaduwela Magistrate’s Court in relation to the same incident quotes the same officer as saying that he simply saw the suspect at the location and does not mention him participating in dragging a policeman away.
Moreover, though a large number of officers had been deployed at the protest, not one had given a statement claiming to have seen such an incident, and neither had any officer given a statement that he had been dragged away. There is also no footage, either on television or social media, showing such an incident.
The fact that the officer did not state in the very first instance that he saw the suspect dragging away a policeman, clearly shows that the subsequent statement had been concocted with the aim of abusing the PTA and keeping the suspect, who had already been in custody for months, in continued detention by attempting to portray that he had committed an offence under the PTA, the Chief Magistrate Prasanna Alwis stressed in the judgment.
The judgment, releasing the IUSF Convener from all charges under the PTA, also noted that the prosecution had not presented enough evidence to rule that the PTA applied to the suspect, while it was also not revealed that he had committed any offence that came under the Act. Accordingly, there were no grounds to continue keeping him in remand custody, the Chief Magistrate ruled.
The student leader was released from all charges filed under the PTA on Tuesday.
Police investigators had mainly relied on the statements of two witnesses to prove that the suspect had acted with the intention of committing terrorism. One witness who went by the name “Motivation Appachchi” had stated that while the ‘Aragalaya’ (struggle) had initially been peaceful, it had turned violent after the IUSF entered it. The other witness, Gemunu Wijeratne, had claimed that the suspect received funds from foreign terrorist groups.
Though the suspect had been in remand custody for months, not a shred of evidence had emerged that he had received funds from any terrorist group or foreign organisation, the Chief Magistrate pointed out.
While “Motivation Appachchi” (Sanju Samarasinghe) had claimed that the ‘Aragalaya’ turned violent with the participation of IUSF, he had not stated that the IUSF itself had engaged in violence, or that the suspect engaged in violence, or ordered others to do so.
As such, there was no evidence to prove that the suspect was “a terrorist” or engaged in “terrorist acts” as interpreted under the PTA, the judgment said.
Saliya Pieris PC, appeared for Mr Mudalige while Senior Deputy Solicitor General Dileepa Peiris appeared for the Attorney General.
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