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 against Wickramaratne and four other defendants was taken up before Judge Buddhika C. Ragala. Ada Derana, Hiru News and NewsFirst all reported the announcement.
NewsFirst reported that the appeal has been lodged before the Court of Appeal, and that the prosecution asked for further steps in the case to follow that court’s final decision. State Counsel also told the High Court that any applications on behalf of the accused should now be made to the Court of Appeal.
Defence says there is nothing left to hold them on
Defence lawyers argued that because the High Court ruled on July 30 that the PTA charges could not proceed, there is currently no valid indictment before it — and therefore no legal basis to keep the accused in remand custody.
They told the court that Wickramaratne and co-accused Midigama Ruwan are held at Welisara Prison under the custody of Navy personnel rather than prison officers. Appearing by Zoom, Wickramaratne addressed the court himself and turned his camera towards personnel he said were standing nearby. He also complained he was not receiving treatment for a knee condition.
A Senior State Counsel for the Attorney General replied that military personnel had been attached to prison facilities under a government Gazette notification. The Welisara facility, at a Navy camp north of Colombo, began taking organised-crime inmates in April.
What the judge ordered
Judge Ragala held that with the appeal already filed, it would not be appropriate to grant bail or order the accused released, and directed the defence to seek any relief from the Court of Appeal.
The court added that if the accused are held in remand custody they should remain under the authority of prison officials in line with the Prisons Ordinance, and directed prison authorities to ensure Wickramaratne receives appropriate medical treatment. The case was put off to September 7.
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. 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, then transferred to the Boossa high-security prison before his current detention at Welisara.
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.
