Court Case No. B-871-2000
16th March - On a tip-out and based on a info received from German Diplomatic Mission, Katunayaka airport police apprehends 18 Tamils at Colombo airport who were expelled from Germany. After a brief detention and extensive "bargaining", Katunayaka Police inspector (IP) Arjuna Liyanage from CID releases all 18 on Police bail.
21st March - a case was filed in Negombo Magistrate Court assigned with above number. The legal document called "B Report" states "investigation for those who were deported from Germany for engaging in illegal fund raising for terrorist activities"
Until 15th August - no hearings were taken place though it's mandatory to
have proceedings every 14 days.
15th August - Tuesday, the day assigned for all terrorist related hearings.
Regular magistrate is not present and an acting Magistrate (lady) Swarna Perera
sits on the bench. A strange lawyer presumably from Colombo arrives, name is
said to be Raviraj. He's assisted by another Negombo based lawyer Deepal Perera.
Accompanied by lot of unknown Tamils ONLY 8 defendants arrive from nowhere.
At about 12.30 mid day, the case is called. CID Sgt Bandula attached to Katunayaka
Police stands "your honor, we have found NOTHING wrong against these men. Therefore,
the Sri Lanka Police has no objections for releasing all of them" Lawyer Raviraj
says "your honor, I strongly suggest that you immediately release all these
INNOCENT men" A tall, clean suit German national from the Embassy awaits for
his tern to defend German interest against any possible human rights cases.
He has a brief case full of documents. Magistrate raises her voice,
"I HEREBY ACQUIT ALL THE DEFENDANTS. THE CASE IS HEREBY CLOSED" The German diplomat
jumps out from crowded courtroom saying "all bullshit" Tamils rejoice, a merry
situation arrives. The "innocent" 8 men and their relatives form a brief circle
outside the Court building but inside the premises and the Lawyer Raviraj arrives.
The following conversation takes place in Tamil language (while we were listening)
Strange Lawyer - ok, where is it? I want him to count.
One accused - Dorei, isn't it too much, we were given 2 (lacks) each by them
(the LTTE agent in Negombo). It alone amounts to 36 (lacks)
Strange Lawyer - this is what I was asked to take. What are you asking? Altogether
I need 55 lacks. I have to give 15 to ..............
All agrees. Happy people disperse.
Here are the names and the so-called addresses.
1. Velaudhan Jegadheeswaran - 41, Jaffna Road, Jaffna
2. W. Vardharajah Vardhakumar - Puliyankudali, Kytes.
3. Santhiyagu Arogyanathan - Andathiruppu
4. Kularathnam Pathmakumaran - Jaffna
5. Abdulhamid Paslal - 14, Keththarama Road, Kaluthera North.
6. Rajarathnam Periyambarajah - Batticalow
7. Rasanrajah Chandrasekaran - Jaffna
8. Vadivel Karunamurthi - Jaffna
9. Subramanium Chandran - Manipai
10. Andrew Thiraviyanayagam - Karaveddi West
11. Sinnathambi Ganeshalingam - Karaveddi
12. Remindin Naguranthu - Sudumalei, Manipai
13. Maruthanayagam Madiwarnan - none
14. Pasthiyanpillei Selwanayagam - Omanthei
15. Sidhambarapillei Shanmugarathnam - Jaffna
16. Vishwalingam Paramaswam - Pullipuram
17. Rajan Suppiyah - Kalvur West
18. Thiranakarasu Magalingam - Aneikottei.
This is a factual account of how LTTE activists "enjoy" their unexpected home ride. Above facts are taken from the Court File and from what we saw and heard. The situation leaves us with following very serious questions.
1) Why did German authorities and Interpol were not contacted?
2) How can Magistrate Swarna Perera acquit 10 out of 18 suspects who did not
even show up? Imagine we disregarding a court order to appear! Warrant orders
must have been issued instead of release.
3) How can Katunayake Police release such high profile suspects on a Police
bail? (emphasis must be made here that above 18 men were not caught trying to
enter Germany but each one has stayed there for durations of more than 5 years)
Detention Orders (Do) had been a must.
4) Look at the addresses in the file against each suspect. It's therefore clear
that not even an attempt to find correct addresses were made. CIS Sgt Bandula
would have referred to his "pocket diary" for evidence! This is not where he
should have looked into. Our forces are dying in bunches in order to get few
terrorists at times. Here they are going with a party on the Court itself. 5)
Why not the records which the German diplomat had in the courtroom were not
called in?
6) How can the statement of a police Sgt is sufficient in the matter of national
(defense) interest?
Similar cases in brief,
Case No. B-872-2000. S.Sudaharan - Jaffna and S.Devendran - Kopai deported from
Germany released with no charges whatsoever.
Case no. B-892-2000. Kuvindiran Surendran 7 Kurusandas Jesudasan deported from
Germany & Swiss released with no charges whatsoever.
Case No. B-918-2000. K.Vijayadeesan - Jaffna deported from Norway released with
no charges.
1. Please do whatever you can to stop this from repeating. You can call, publish
the facts, send faxes to the President, Ministry of Defense, other ministers
of parliament, JOC, Chief Justice Sarath Nanda Silva, Attorney General C. Kamal
Sabesan etc and demand the following.
2. no such suspects be released on bail or otherwise without obtaining a CLEARANCE
REPORT from relevant authorities from the country deporting.
3. a senior Crown Council member from Attorney General Dept must appear for
the prosecution of all such cases. A must.
4. directing all such cases to another higher Court in Colombo.
5. investigating into above case as to the legality of the proceedings. Punish
all traitors be it lawyers or Magistrate.
6. restricting unwanted (Tamils) from hanging around in the record room of the
Negombo Magistrate Court in the evenings.
7. continued presence of armed plain clothed "intelligence section" men from
3 Forces (but not police) on Tuesdays.
8. investigation into the personal wealth of those Police officer(s).
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