Retired medical practitioner Dr. Shirley Herath (75) arrested and detained over the hand grenade incident at All Saints’ Church in Borella was yesterday ordered to be remanded till February 28 after being produced before Colombo Chief Magistrate’s Court.
While ordering to remand the suspect, Colombo Additional Magistrate Rajindra Jayasuriya denied the defence’s version that no evidence has been adduced against the suspect to be charged under Prevention of Terrorism Act (PTA). In her bail order, the Additional Magistrate held that court can be satisfied with evidence presented so far against the suspect. The Additional Magistrate further held that she is making a remand order on the fact that police are yet to conduct further investigations using telephone conversation details of the suspect.
Senior Deputy Solicitor General Dileepa Peiris appearing for the Colombo Crimes Division (CCD) submitted to court that the suspect was produced before Court in terms of section 7(1) of the PTA. He alleged that the suspect is responsible for two other incidents where hand grenades were found at a private hospital in Narahenpita and at a temple in Bellanwila.
Mr. Peiris told court investigations are currently underway to ascertain as to how the hand grenade received for this purpose in which the medical practitioner was instrumental in the hand grenade incident at Borella church. He moved court to remand the suspect since he has committed offences under the PTA and Offensive Weapons Act.
Defence Counsel Hafeel Farisz appearing for the suspect submitted to court that there is no credible investigation against his client. He further said the prosecution has failed to provide synopsis of evidence in terms of section 115 of the Code of Criminal Procedure Act. Highlighting several judgments decided by apex courts, Mr. Farisz argued that a Magistrate has power to discharge or release a suspect who had been charged under PTA on the basis that the prosecutors have failed to conduct a credible investigation to adduce evidence against a suspect. Farisz alleged that police are attempting to implicate his client regarding the Lanka Hospital incident despite the fact the court has already remanded three suspects. Defence counsel maintained that a suspect cannot be remanded without a report pertaining to the summary of evidence.
In reply, Senior Deputy Solicitor General Dileepa Peiris informed that prosecutors have both substantial and direct evidence against the suspect that he directly planted a hand grenade at Borella church. He said the suspect had made a confession to the effect that he was involved in the incident. He further said police are conducting further investigation to ascertain the other individuals behind this incident.
On February 9, the Court ordered the release of Sacristan (caretaker) of All Saints’ Church in Borella arrested on suspicion over the hand grenade incident.
On February 2, the Court also ordered the release of a church worker and two others who were arrested regarding this incident.
