The Attorney General has appealed against the ruling that charges under the Prevention of Terrorism Act cannot be maintained against alleged drug trafficker Nadun Chinthaka Wickramaratne, alias “Harak Kata”, and his co-accused.
A State Counsel appearing for the prosecution informed the Colombo High Court of the appeal on Thursday, when the case was taken up before Judge Buddhika C. Ragala. Both Ada Derana and Hiru News reported the announcement.
The appeal challenges the court’s decision on whether the terrorism-law charges against the defendants can stand. Neither outlet reported which appellate court the matter has gone to, when it will be heard, or what effect the appeal will have on the remaining charges in the meantime.
What the original ruling decided
Judge Ragala held on July 30 that the PTA charges could not be maintained, upholding preliminary objections raised by President’s Counsel U.R. de Silva, Attorney-at-Law Jaliya Samarasinghe and other defence lawyers.
The indictments had alleged that the accused conspired to arrange Wickramaratne’s escape while he was held in Criminal Investigation Department custody under detention orders. The court found no legal impediment to proceeding against them under the Penal Code, so the prosecution continued without its terrorism-law component. It is that finding the Attorney General now disputes.
Wickramaratne is among Sri Lanka’s most widely reported organised-crime figures. He was arrested in Madagascar and returned to Sri Lanka, held under CID detention orders and later transferred to the Boossa high-security prison.
The appeal comes as the PTA itself is on the way out. The Cabinet approved a new “Protecting the State from Terrorism” Bill to replace the Act on August 18.
None of the allegations against the accused has been proven, and the Penal Code charges remain to be tried.
