Deshabandu Expected To Uphold Law, Not Undermine It; Says Court Of Appeal

COLOMBO (News 1st); On December 31, 2023, a shooting occurred in front of the W-15 Hotel in Pelena, Weligama, Matara.

A Colombo Crimes Division officer was killed, and another officer was seriously injured in the incident.

The Criminal Investigation Department (CID) conducted an investigation and reported the findings to the Matara Magistrate Court on February 27.

Eight officers from the Colombo Crimes Division, dressed in civilian clothes, went to Weligama, claiming that associates of a drug-related suspect named Harak Kata were staying at the hotel. The CID revealed that the officers opened fire at the hotel.

Subsequently, officers from the Weligama Police and the Special Task Force arrived at the scene, and has opened fire at the fleeing Colombo Crime Division officers' van.

The van fled towards the Imaduwa entrance of the Expressway, where the police eventually apprehended them.

One of the main allegations against suspended IGP Deshabandu Tennakoon was that he had sent Colombo Crime Division officers to the Southern Province for personal reasons.

Investigations later accused Tennakoon of maintaining an unofficial armed squad.

On February 28, Matara Magistrate Aruna Buddhadasa ordered the arrest of Tennakoon and eight others based on the CID's findings.

Following further submissions by the CID, the Magistrate Court issued an open warrant for Tennakoon's arrest.

On March 7, Tennakoon filed a writ petition with the Court of Appeal, seeking an interim order to suspend the Matara Magistrate Court's directive.

The petition was heard today (17) before Acting President of the Court of Appeal, Justice Mohammed Laffar Tahir, and Justice Sarath Disanayake.

President's Counsel Romesh de Silva, representing Tennakoon, submitted a motion stating that he received the complete case file from the Matara Magistrate Court last Friday.

He requested more time to present further arguments, which was strongly opposed by Additional Solicitor General Dilip Peiris, representing the Attorney General.

Peiris pointed out that both parties had presented their arguments for over two hours on March 12, and the court had set today for the order.

He argued that submitting a motion at this stage was unjustifiable.

Meanwhile, the Court of Appeal took note of a statement issued by the Police Media Division yesterday (16).

The statement mentioned that six officers from the Colombo Crime Division, including the then-Officer-in-Charge, would not be arrested until the investigation concluded, as agreed upon by both parties' lawyers.

Additional Solicitor General Peiris highlighted that this agreement had been in place for nearly three months and questioned the sudden issuance of the statement yesterday, suspecting it was intended to influence today's court order.

Acting President of the Court of Appeal, Justice Tahir, clarified that his court had not issued such an order.

After considering the arguments, the panel dismissed Tennakoon's motion and announced its decision.

Justice Tahir emphasized that Tennakoon was not an ordinary citizen but the country's IGP.

He noted that it was a serious offense for a senior police officer to evade the court for 18 days.

Justice Tahir stated that Tennakoon's actions undermined the rule of law, which he was responsible for upholding, and that such conduct was unacceptable.