Attorney General (AG) Dappula de Livera is making appreciable efforts to expedite some of the long delayed cases and investigations. On Wednesday (21), he has requested the Chief Justice Jayantha Jayasuriya to nominate a three-judge Trial-at-Bar in the Colombo High Court with no jury, to hear the case against 13 suspects including Avant Garde Maritime Services Chairman NissankaYapa Senadhipathi in connection with the operation of a floating armoury in the vicinity of the Galle Port. The AG’s Coordinating Officer, State Counsel Nisara Jayaratne said the 13 defendants are to be prosecuted on 7,573 charges.
The suspects have been accused of committing an offence by storing 816 automatic firearms and 200,935 live ammunition without a proper licence or permit during the period between April 7, 2014 and October 6, 2015 in the ship MV Avant Garde docked in the seas off Hikkaduwa. Previously, arrest warrants had been issued against two absconding suspects, Avant-Garde Chairman, Nissanka Senadhipathi and retired army Major General Palitha Fernando. However, the arrest warrants issued on two suspects over the Avant-Garde case have been suspended by the Colombo High Court.
According to lawyers appearing for Senadhipathi, he has undergone medical surgery as part of his ongoing treatment in Singapore and is to undergo two more surgeries in the future.
The other accused are, Rakna Lanka Company, Avant Garde Services Company, Palitha Fernando, K. Egodawela, B. Premachandran, V. Samaraweera, D. A. Thilakaratne, N. Senarathne, N. Diyabalanage, N. de Zoysa, Saman Dissanayake, D. Jayaratne and a Ukraine national.
The High Court had informed the lawyers to submit a medical certificate certified by the Sri Lankan embassy in Singapore, to Court during its next hearing. Meanwhile, the Court instructed the Prisons Superintendent to produce Palitha Fernando - another accused for whose arrest a warrant had been issued, before Court on September 4 as he has been remanded over another case by the Galle Magistrate’s Court.
Former Chairman, Rakna Lanka Security Company, Victor Samaraweera was taken into custody after he surrendered to the Criminal Investigations Department (CID). He was arrested on the directive of the Attorney General’s Department to the CID, to arrest eight suspects in connection with the case. Initially, the CID was able to arrest only Samaraweera, while the whereabouts of some suspects remained a mystery leaving the CID to hunt down seven more suspects.
Two suspects, Senadipathi and Diyabalanage had left the country shortly before the Attorney General had ordered their arrests.
Meanwhile, it is unclear if the CID would be able to arrest the Former Additional Secretary to the Ministry of Defence Damayanthi Jayaratne who is also on the list of suspects in connection with the high profile money laundering and illegal weapons smuggling investigation. Jayaratne had fled the country as early as 2015. She is believed to have joined her family in New Zealand and is currently residing there.
The defendants faced several offences including those punishable under Sections 22(1) and 22(3) of the Fire Arms Ordinance as amended by Act No. 22 of 1996, Sections 9(2) and 27(1) of the Explosives Ordinance as amended by Act No. 33 of 1969 and Sections 113B, 102, 189 and 190 of the Penal Code. Suspects Senadhipathi and Dissanayake have also been charged with fabricating false evidence.
The AG said that of the weapons and ammunition stored in the vessel, only three weapons and 2,000 ammunition were allowed by the Ministry of Defence. The Ministry had issued a permit for this purpose on September 23, 2015.
In his complaint, the Attorney General pointed out that there was no approval from the Ministry of Defence or the proper licence to store or transport even those weapons and ammunition for the period of taking the ship into custody by the Navy on September 21, 2015 near the Red Sea until it reached Hikkaduwa on October 6, 2015.
The Attorney General has decided that since this organized crime committed by the defendants had caused great turmoil both locally and internationally, it is appropriate for a three-member panel of judges without a jury to hear the case.
Considering the nature of offences, the circumstances relating to the commission of the offences and the complex nature of the available evidence, the Attorney General has requested the Chief Justice to appoint three judges of the High Court for the trial. He has further requested the Chief Justice to name one of the three judges as the Chairman of the bench.