Athas case: Date fixed for written submissions

In an appeal filed by two Air Force officers against the conviction by the Colombo High Court in a case of unlawful entry into his residence and intimidation of Iqbal Athas (Defence Correspondent of The Sunday Times newspaper) and his family using firearms at his residence, the Court of Appeal directed the State Counsel and the Counsel for the petitioners to submit their written submissions on or before May 15.

The first accused Rukman Herath (deceased) and the second accused Don Pradeep Sujeewa Kannangara were convicted by the Colombo High Court and sentenced to 10 years rigorous imprisonment inclusive of one year, if payment of the Rs. 10,000 fine was not made.

Deputy Solicitor General Dapula de Livera in his submission to Court in December stated that on about February 12th 1998 the accused with some people had entered the premises of Mr Athas and threatened him with firearms to refrain from writing any article against the Commander of the Air Force over the alleged fraud in the procurement of arms and ammunition. He further said that the first accused was the personal bodyguard of the then Commander of the Air Force Oliver Ranasinghe and the second accused was in the contingent of security. The DSG said that they were goons of high ranking officers who carried out their work.

President’s Counsel Ranjith Abeysuriya in his reply to the DSG said that the people who had come to the residence of Mr. Athas had come in search of women and not to harass or threaten him. The Court of Appeal Judge S.I. Immam then asked the Counsel if it was not unusual that a person who comes in search of women should brandish a gun at the head of the person and then ask for women.

Counsel for the accused said there was an element of doubt in the way the identification parade was conducted and the Court should take notice of it. Justice Immam then inquired whether after this incident there were any more articles written by Mr. Athas regarding the arms procurement. He replied that he was not sure.

The Bench of the Court of Appeal Justices S.I. Immam and Sarath de Abrew then directed the two counsels to submit their written submissions on or before May 15.