Former Director of the Criminal Investigation Department (CID) Shani Abeysekara has been released today together with Sub-Inspector Sugath Mendis. They were released on bail when the case was taken up today. The two suspects were released on a cash bail of Rs 25,000 and two personal bonds worth Rs 1 million each.
Update:
Shani Abeysekara released on bail
Lakmal Sooriyagoda
Former CID Director Shani Abeysekara who was held in remand custody for the last 10 months was yesterday ordered to be enlarged on bail by the Court of Appeal.
Shani Abeysekara was ordered to be released on a cash bail of Rs.25,000 with two sureties of one million rupees.
The Court of Appeal held that the suspect should surrender the passport and any other travel document in his custody to the High Court of Gampaha.
The Court further held that the suspect should not leave the country without obtaining prior permission from the High Court of Gampaha.
Meanwhile, Sub Inspector Sugath Mendis was also ordered to be released on bail under the same bail conditions.
Court of Appeal two-judge-bench comprising Justice Nissanka Bandula Karunaratne and Justice R. Gurusinghe made this order pursuant to revision applications filed on behalf of the two police officers seeking an order to enlarge them on bail.
Justice Nissanka Bandula Karunaratne observed that there is no cogent material before the Court to establish that the witnesses were intimidated by suspect Shani Abeysekara.
‘Considering the totality of the material placed before us, I am of the considered view that the suspect Shani Abeysekara be enlarged on bail subject to strict conditions imposed by this Court’, Justice Karunaratne said.
The Court of Appeal directed the Registrar to communicate this order to Gampaha High Court forthwith.
Filing revision applications through their lawyers, the petitioners requested the Court of Appeal to revise and set aside Gampaha High Court’s order to refuse bail and sought an order to grant bail to the petitioners on any condition that court shall see fit. The Gampaha High Court had refused to grant bail on two suspects on December 8, 2020.
The petitioners stated that in the context of the COVID-19 pandemic coupled with conditions in the prison system, their physical health, safety and life are at an aggravated risk if kept in remand and that they have already been exposed to and contracted COVID-19 while in remand, and were fortunate to have survived it.
Shani Abeysekara was arrested by CCD for allegedly fabricating evidence in the murder of businessman Mohammed Shiyam in 2013 in which then DIG Vass Gunawardena and several others were sentenced to death for committing and conspiring to commit murder.
Senior Counsel Viran Corea with Counsel Thilini Vidanagamage instructed by Attorney-at-law Gowry Shangari Thavarasha appeared for Shani Abeysekara.
Counsel Chaminda Athukorala with Hafeel Farisz appeared for Sub Inspector Sugath Mendis.
Additional Solicitor General Rohantha Abeysooriya with Deputy Solicitor General Shanil Kularatne appeared for the CID and Attorney General.
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