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Application to assess Duminda’s mental, physical condition refused
View(s):An application made to have Parliamentarian Duminda Silva referred to a medical panel to have his mental as well as physical condition assessed, was turned down on Wednesday by Colombo Additional Magistrate Priyantha Liyanage.
Counsel Upul Jayasuriya appearing for the family of slain Bharatha Lakshman Premachandra pointed out that suspect Duminda Silva claimed to have been in a fragile condition that required him to remain in a germ-free hospital environment and he did not even go to court to sign the bail documents.
A court official had to visit him at the hospital to get the bail documents signed. However, the following day he went home accompanied by a large crowd, counsel added. “The whole country watched him going home,” he said.
People have doubts as to whether the law is applicable equally to everyone. Not only justice must be done; it also must be seen to be done, Mr. Jayasuriya pointed out.
Counsel Jayasuriya also pointed out that the Judicial Medical Officer (JMO) who examined suspect Duminda Silva had also recommended to appoint a panel of medical specialists to examine him and the implementation of the recommendation would not adversely affect Duminda Silva.
Therefore, he urged the court to refer the suspect to a panel of doctors to have the suspect’s condition examined. President’s Counsel Hemantha Warnakulasuriya, appearing for Duminda Silva objecting to the requests argued that the court asked for the JMO’s report to decide whether the suspect could attend the court. Since his client was present in court such a necessity would not arise.
After hearing the parties the Additional Magistrate turned down the request for a panel of doctors to examine Duminda Silva.
The additional Magistrate also issued summons on ten witnesses to appear before the court on June 2, on an application made by ASP Shani Abeysekera of the CID.
On May 6, eleventh suspect Duminda Silva, appeared for the first time before court more than year and half after the Kolonnawa shooting incident that killed Presidential Advisor Bharatha Lakshman Premachandra and three others on October 8, 2011.
The CID has charged 13 suspects including UPFA Parliamentarian Duminda Silva on seven counts. The next hearing was fixed for July 2.
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