The Colombo Fort Magistrate Thilina Gamage today observed that CID has acted in a biased manner when handling investigations against Western Province Senior DIG Deshabandu Tennakoon relating to the attacks on peaceful protesters at Galle Face.
Accordingly, Magistrate Thilina Gamage ordered the IGP to take necessary action against ASP Chanaka Silva for acting in a biased manner when presenting facts to the court regarding Senior DIG Deshabandu Tennakoon.
Additional Solicitor General Ayesha Jinasena appearing for the CID informed the court that DIG Champika Siriwardhana has given a statement to the CID that Deshabandu Tennakoon at a zoom meeting held on May 7 targeting higher-ranking police officers had given instructions not to disperse the persons entering MainaGoGama and GotaGoHome until he makes clear instructions.
Meanwhile President’s Counsel Rienzie Arsekularatne, Upul Jayasuriya PC moved Court to name Deshabandu Tennakoon as a suspect for abetting and for his negligence of duty to prevent the mob attack, being the most senior police officer at the crime scene. President’s Counsel Maithri Gunaratne submitted to the court that the Magistrate can make an appropriate order against Deshabandu Tennakoon in terms of section 7 of the Code of Criminal Procedure Act and section 59 of the Judicature Act.
Counsel Hafeel Farisz appearing for Deshabandu Tennakoon raised objections against the request made by the lawyers of the aggrieved parties to name Tennakoon as a suspect in the case. He argued that there are no provisions in the Code of Criminal Procedure Act empowering a Magistrate to name an individual as a suspect. Farisz further said the role of the Attorney General, the role of the investigator and the role of the Magistrate have been separately mentioned in the Code of Criminal Procedure Act, while empowering the investigator to name an individual as a suspect.
The Magistrate questioned why police failed to take action against Senior DIG Tennakoon despite ample evidence that he neglected to prevent a possible mob attack.
The Magistrate further alleged that police were treating people in a biased manner tarnishing the reputation of the CID.
“A person who was holding a water bottle in his hand was also arrested as a suspect in connection with the attack. But the police do not take action against key individuals who are responsible for the incident’, the Magistrate added.
On May 23, the Attorney General had instructed the IGP to transfer Western Province Senior DIG Deshabandu Tennakoon with immediate effect to prevent unnecessary intervention into the investigations relating to the attacks on peaceful protesters.
