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Appeal Court rejects AG’s application – Ekneliyagoda disappearance case

Mohan Peiris – no immunity!

The Court of Appeal yesterday refused an application by the Attorney General seeking to set aside an order of the Homagama Magistrate dated May 17, 2012, whereby President’s Counsel Mohan Pieris, Senior Legal Adviser to the Cabinet of Ministers, was summoned to testify at the inquiry into the alleged disappearance of Prageeth Ekneligoda.

The Court of Appeal said that only the President was immune to legal proceedings and may not answer summons by any Court of law.

Mrs. Sandya Ekneligoda, wife of Prageeth Ekneligoda, had filed a Habaes Corpus application in the Court of Appeal Complaining

that her husband was missing since January 2010. The Court of Appeal at an earlier hearing ordered the Homagama Magistrate to hold an inquiry into the alleged disappearance.

The family members of Ekneligoda had appealed to the Magistrate to summon retired Attorney General Pieris, on the basis that while he was in Geneva he had said that Prageeth Ekneligoda was living in a foreign country.

Yesterday, the Deputy Solicitor General, Shavindra Fernando, told the Court that Mohan Peiris had said what he had been informed of.

Kirshmal Warnasuriya appeared for Mrs. Ekneligoda, the wife of Prageeth Ekneligoda.

Mohan Peiris has been summoned to testify before the Magistrate on June 5, 2012.

The Habaes Corpus application will be called before the Court of Appeal, on July 23, 2012.

The Court of Appeal Bench comprised Justices W. L. Ranjith Silva and Nalin Perera.

Prageeth Ekneligoda, at the time of his disappearance, was working as a journalist at Lanka-e-News website. He had supported former Army Commander Gen. Sarath Fonseka during the latter’s presidential election campaign, Sandya Ekaneligoda, had said in her application.
By Chitra Weerarathne


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