Defence requests bail as per the settlement in the Court of Appeal
AG consents granting of bail
High Court judge says she has no power under the PTA to grant bail.
HC rejects AG’s move to amend indictment.

An application made by defence requesting to release Attorney-at-law Hejaaz Hizbullah on bail has been rejected by the Puttalam High Court.

The High Court refused to grant bail to the accused citing it has no power to release the accused on bail under the Prevention of Terrorism Act.

Meanwhile, an application made by the Attorney General to amend the indictment against Hejaaz Hizbullah during the trial was refused yesterday by the High Court judge.

The 18-year-old witness in his evidence failed to state that Hizbullah visited the Al- ZuhriyaArabic College in August 2018. Instead he said it was “one or two months “after August.

The Attorney-General then moved to amend the indictment.

However, defense counsel told Court that repeated statements of the witness to the police was clear and specific and the charge was based on it – that Hizbullah visited the college in August 2018.

Hugh Court Judge Kumari Abeyrathne after perusing the statements said that the Attorney General’s department had read the statements before filing indictment and overruled theapplication to amend the indictment.

The witness also did not say that Hizbullah said anything regarding “attacking Catholics” – the wording which the charge relates to.

At the end of the evidence in chief the defense made a request to grant bail to Hizbullah in view of the Court of Appeal settlement between the Attorney General and Defense.

 

The Attorney General also informed court that they consent to bail.

However, the High Court Judge refused to grant bail citing that she has no jurisdiction to grant bail under the Prevention  of Terrorism Act.

Nalinda Indathissa PC with Asith Siriwardena, Hafeel Farisz, Chaminda Athukorale and Dhanushan Kaneshayogan appeared for the two accused .

Deputy Solicitor General Sudarshana De Silva with Senior State Counsel Lakmini Girihagamarepresented the Attorney General

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