The Colombo High Court has refused bail to Nadun Chinthaka Wickramaratne, alias ‘Harak Kata’, and two co-accused, and refused applications to discharge two others, on the ground that an appeal by the Attorney General is still pending before the Court of Appeal.
The order was made on Thursday by High Court Judge Buddhika C. Ragala, Hiru News reported at 11.03 a.m.
The judge stated in his order that because the Attorney General has lodged an appeal in the Court of Appeal against an earlier order of the High Court, the bail applications could not be considered at this stage.
Hiru describes Wickramaratne as an alleged major drug trafficker held at Welisara Prison.
This is the same ground as the last refusal, more than two months on
The reasoning is not new. When the case was taken up on 20 August, this desk reported that the same judge refused bail on precisely this basis — that with the appeal already filed it would not be appropriate to grant bail or order release — and directed the defence to seek relief from the Court of Appeal instead.
Seventy days later the Court of Appeal has still not ruled, and the High Court is still declining to act. The effect is that the question defence lawyers raised in August — whether there remains any valid indictment to hold the accused on — has gone unanswered in either court.
What the appeal is about
On 30 July Judge Ragala held that charges under the Prevention of Terrorism Act could not be maintained against Wickramaratne and his co-accused, upholding preliminary objections by the defence. The indictments had alleged a conspiracy to arrange Wickramaratne’s escape from Criminal Investigation Department custody. The court found no impediment to proceeding under the Penal Code, so the prosecution continued without its terrorism-law component.
It is that finding the Attorney General is disputing. State Counsel confirmed the appeal to the High Court on 20 August.
In August, defence lawyers argued that because the PTA charges could not proceed there was no valid indictment before the court and therefore no lawful basis to keep the accused in remand. They also told the court that Wickramaratne and co-accused Midigama Ruwan were being held at Welisara under the custody of Navy personnel rather than prison officers; the court directed that remand prisoners should remain under prison officials in line with the Prisons Ordinance.
Wickramaratne was arrested in Madagascar and returned to Sri Lanka, then ordered moved from Tangalle Prison to a high-security facility in August before his current detention at Welisara.
Not reported
The filing does not name the three accused refused bail beyond Wickramaratne, or the two whose discharge applications were refused. It does not give the next trial date, say when the Court of Appeal is expected to rule, or report whether the defence has in fact made any application to that court as the High Court directed in August. It does not say whether the Penal Code charges have progressed in the interim, and carries no comment from counsel on either side.
None of the allegations against the accused has been proven, and the Penal Code charges remain to be tried.
Single source. This desk checked the Daily Mirror’s breaking-news listing and the NewsFirst homepage; neither had filed on the order at the time of writing. Ada Derana has returned an HTTP 403 to this desk for some 48 consecutive days and could not be consulted. Hiru’s accompanying photograph — a file image, not from Thursday’s proceedings — shows Wickramaratne escorted by armed personnel in military camouflage alongside police officers, consistent with the custody arrangements described to the court in August.