The case filed against the former Commanding Officer of the Giritale Army Intelligence Camp, Lieutenant Colonel Shammi Kumararatne, and nine members of the Army Intelligence Unit, in connection with the abduction and disappearance of journalist Prageeth Eknaligoda, was taken up for hearing today (04) before a permanent three-judge bench of the High Court.
The trial had remained adjourned for a prolonged period due to the non-appointment of judges. Proceedings resumed before a newly constituted bench appointed by the Chief Justice, comprising High Court Judges Nayana Seneviratne, Nalin Hewawasam, and Lakmali Hewawasam.
Previously, the case was heard at the permanent High Court building ( Hultsdorp High Court No. 8) at the Aluthkade Judicial Complex in Colombo. With effect from yesterday, trial proceedings commenced at the permanent High Court located at No. 121/1, Wijerama Mawatha, Colombo 7—the premises formerly occupied by Keheliya Rambukwella.
The case was last heard by a bench consisting of Judges Namal Balalle (Presiding), Mahen Weeraman, and Sujeewa Nissanka. Subsequently, Judge Namal Balalle was suspended and Judge Mahen Weeraman retired. Judge Sujeewa Nissanka is presently a member of the bench hearing the Easter Sunday attacks case and is therefore engaged in daily court proceedings.
All accused persons, who are currently released on bail, appeared before court today. They are Lieutenant Colonel Shammi Arjuna Kumararatne, former Commanding Officer of the Giritale Army Intelligence Camp; Staff Sergeant Wadugedara Winipriyantha Dilanjan Upasena alias Suresh; Staff Sergeant R.M.P.K. Rajapaksa alias Nathan; Staff Sergeant Seneviratne Mudiyanselage Ravindra Rupasena alias Ranji; Chaminda Kumara Abeyratne; S.M. Kanishka Kumara Abeyratne; Ayyasamy Balasubramaniam; K.G. Tharanga Prasad Gamage; and Eranda Peiris.
Deputy Solicitor General Wasantha Perera appeared on behalf of the Attorney General representing the complainant. President’s Counsel Anuja Premaratne, Senior Counsel Rasika Balasuriya, Asith Siriwardena, and a team of attorneys appeared for the defence. President’s Counsel Upul Kumarapperuma represented the aggrieved party.
The court issued notice requiring the 79th and 84th witnesses to appear before court on the 8th to give evidence and adjourned the case until that date. The trial is scheduled to proceed on a weekly basis thereafter, with hearings fixed for every Friday.
The Attorney General has indicted the accused under provisions of the Penal Code for the abduction and murder of journalist Prageeth Eknaligoda, allegedly committed with the intention of secretly detaining him in the areas of Giritale, Habarana, and Kottawa on or about 25 January 2010.
( With the inputs from Satahan Sinhala language web site)