High Court discharges accused in PTA cases

[TamilNet, Monday, 19 August 2002, 20:05 GMT]
The Eastern High Court Monday discharged two men indicted by the Attorney General under the Prevention of Terrorism Act (PTA) when the Defence counsel submitted that the two key police officials who recorded the confession purported to have been made by the accused had failed to appear on all the trial dates.

In the first case, the accused, Mylvaganam Ravi of Anpuvallipuram in Trincomalee, had been indicted for aiding and abetting the LTTE between 1996 December and 1997 February by supplying information.

In the second case, Visuvanathan Ravichandran of Kanniya had been indicted for obtaining arms training from the LTTE during the period between December 1998 and October 1989.

In the first case a senior superintendent of police Senaka Pilapitya recorded the confession of the accused. In the second case Superintendent of Police Gamini Wijesuriya recorded the confession of the accused.

The defence counsel for the both accused, Mr.K.Thiruchenthilnathan, submitted to court that the said police officials did not appear in court since the cases had been fixed for trial. He further told court that except the confessions, the prosecution has no other evidence against the accused. The prosecution solely depended on the confessions purported to have been made by the both accused to prove their guilt. Hence the accused should be discharged, the defence pleaded.

The HC Judge Mr.J.Visvanathan in his order discharged both the accused. The Judge said in one case the SSP had failed to attend court on all twelve trial dates. In the second case the SP had failed to attend court on all ten trial dates. "Hence I accept the submission of the defence and discharge the both accused, " said Judge in his separate orders.

The State Counsel Mr.S.Kannan was not present in court in both cases.

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