Magistrate pulled up by appeal court ( related to Lankaenews ban)

Tuesday, 07 June 2011 02:01
By Susitha R. Fernando

The Court of Appeal yesterday ruled that Pugoda Magistrate W. Aravinda Perera had acted contrary to law by not complying with the instructions of the Attorney General to release two suspect police officers of the Kirindiwela police station due to lack of evidence.

Appeal Court President Sathya Hettige PC and Justice Upali Aberatna made this observation while ordering the Magistrate to unconditionally release the two police personnel remanded in Mahara prison and issued notice on the Pugoda Magistrate to appear in court on June 27. The court made this direction following a writ application filed by Sub Inspector W. Francis Kulasuriya and Constable Dewmuni Lakshman de Silva of the Kirindiwela police station. Contd. from A1

Pugoda Magistrate W. Aravinda Perera had remanded the two police personnel on suspicion of committing the murder of a man taken into custody. The remand order had been made despite the Attorney General’s instruction that there were no evidence against the policemen and that they be discharged.

While ordering the Pugoda Magistrate to release the two policemen unconditionally, the Court of Appeal also observed that Magistrate Aravinda Perera had acted contrary to law as he had failed to comply with the provisions contained in section 398 (2) of the Criminal Procedure Code. The Appeal Court bench stated that according to the section of the CPC, it shall be the duty of the Magistrate to carry into the effect, subject to provision of the CPC the instruction of the Attorney General.

The petitioners among others had cited Pugoda Magistrate W. Aravinda Perera and the AG as respondents.

Supporting the application counsel Shantha Jayawardena instructed by Sanjeewa Kaluarachchi informed court that the two police personnel while on patrol on August 13, 2010 had taken a person named David Amerasinghe into custody for unruly behaviour while under the influence of liquor. On the way to the police station, the suspect had jumped out of the jeep during which he had received fatal injuries. Later he had succumbed to the injuries and during the magisterial inquiry, the Pugoda Magistrate had ordered to remand Sub Inspector W. Francis Kulasuiriya and Constable Dewmuni Lakshman de Silva who were in the police jeep while releasing the driver of the jeep. The two petitioners were suspected for the murder of David Amerasinghe and bail was refused. Appearing for the prosecution of the case, on March 13, 2011  Senior State Counsel Dileepa Peiris who represented the Attorney General had moved to discharge the two suspect policemen as there was no evidence of a criminal offence.

However Magistrate Aravinda Perera had refused the instruction of the AG and ordered to file charge sheet and continue the non-summary proceeding. The petitioners further informed that the Magistrate also had refused to issue a certified copy of the case to a counsel.

They also complained that the Magistrate acted manifestly biased as they were denied a fair trial and his order was ultra virus and null and void. The procedure adapted by the Magistrate was contrary to law said the petitioners and asked that they be released and proceeding relating to the case be stopped.

Meanwhile, following a media report relating to the proceedings of this case, the Magistrate had ordered to suspend the services of Lanka E-news website within Sri Lanka for allegedly committing contempt of court and had remanded its reporter Shantha Wijesuriya. Later the journalist was released after he pleaded guilty and lifted the order on the website.

Counsel Shantha Jayawardena instructed by Sanjeewa Kaluarachchi appeared for the petitioners. Deputy Solicitor General Ysantha Kodagoda appeared for the AG.
DM

http://print.dailymirror.lk/news/front-page-news/46227.html

Sri Lanka: Gang attacks Tamil journalist in Jaffna city

28 May 2011,
32-year-old Staff Correspondent of Uthayan Daily in Jaffna, S. Kavitharan, was attacked Saturday morning around 6:30 by a gang believed to be operated by a paramilitary group, near the Jaffna Hindu College while the journalist was on his way to work, the officials at the paper said. A camouflaged group, of up to five members, attacked him with cricket bats.

The journalist told media that he was being targeted for exposing gang fights, extortions and harassments by a certain group on girls in the peninsula.

The wounded journalist was admitted at the Jaffna Teaching Hospital.

Mr. Kavitharan, a long-time employee at Uthayan paper, was recently threatened by a EPDP associated person who entered the office of the paper.
TN

Ban on News Website Lifted, Journalist Released from Custody

Shantha Wijesuriya

Media Release: Sri Lanka
May 13, 2011
The International Federation of Journalists (IFJ) welcomes the decision by a Sri Lanka court to order the release of journalist Shantha Wijesooriya and lift the ban on the Lanka-e-News website, which was ordered blocked after contempt charges were brought against it.

Wijesooriya was arrested on April 25 by local police at the Lanka-e-News offices in Colombo and charged with contempt of court. Lanka-e-News conceded a report it had published under his byline was incorrect and posted two apologies. The news organisation pledged to cooperate fully in the contempt proceedings.

Despite the conciliatory tone, the Magistrate’s Court whose decision was questioned in the news report ordered Sri Lanka’s Telecommunications Regulatory Commission (TRC) on April 28 to suspend the online services of Lanka-e-News. The court also ordered that Wijesooriya be remanded in custody until May 12.

At its hearing on May 12, the magistrate acknowledged the importance of the free speech right and accepted the apologies from the website. He cautioned Wijesooriya to exercise greater care in his writing and proceeded to close the matter.

“The IFJ is relieved to see that this outcome and hopes it is precursor to a more settled and cordial relationship between the Sri Lanka media and the institutions of governance, with due space being given for the right of all to criticise freely and fairly,” IFJ Asia Pacific said.

“Meanwhile, we urge the Sri Lankan authorities to proceed with investigations into the numerous attacks that the Lanka-e-News web portal has suffered in recent times, including the disappearance of columnist Prageeth Eknaligoda in January 2010, the arson attack in January this year which destroyed its offices in suburban Colombo, and the arrest of news editor Bennett Rupasinghe in April.”

For further information contact IFJ Asia-Pacific on +91-9810518009

Sri Lanka News Website Suspended, Journalist Held in Custody

Media Release: Sri Lanka

April 28, 2011

The International Federation of Journalists (IFJ) strongly condemns a court order today to suspend operations of Lanka-e-News in Sri Lanka.

The Pugoda Magistrate’s court ordered the suspension of online news organisation Lanka-e-News until a contempt case against one of its journalists, Shantha Wijesooriya, is concluded, the Lanka-e-News website reported before the suspension took effect.

Wijesooriya was arrested by Kirindiwala police at the Lanka-e-News offices on April 25 and charged with contempt of court.

The charge is connected to a report published by Lanka-e-News on April 19 which said that a Pugoda magistrate was detaining two suspects in breach of release orders by Sri Lanka’s Attorney-General.

Lanka-e-News conceded the report was incorrect. It published two apologies, one of which was posted on its website on April 22. The news organisation pledged to cooperate fully in the contempt proceedings.

“Complaints about media content should be dealt with by Sri Lanka’s Press Complaints Commission rather than by a court and the application of criminal law against individuals,” IFJ Asia-Pacific said.

However, Sri Lanka’s Telecommunications Regulatory Commission (TRC) was ordered by the Pugoda Magistrate’s Court today to suspend the online services of Lanka-e-News. The court also ordered that Wijesooriya be remanded in custody until May 12.

“The order to suspend Lanka-e-News after the news service publicly accepted responsibility for an error and issued apologies is unnecessarily harsh when international best practice requires that complaints about media content be dealt with as a civil matter by independent entities,” IFJ Asia-Pacific said.

The IFJ, with its affiliate the Free Media Movement (FMM), is deeply worried at the apparent targeting of Lanka-e-News in recent times.

The offices of the website were destroyed in an arson attack on January 31. Editor Bennett Rupasinghe was detained at Welikada prison in Colombo on March 31 before being released on bail on April 7, and denies accusations of making threatening calls to a suspect in the arson attack. Cartoonist and columnist Prageeth Eknaligoda disappeared on January 24, 2010. His whereabouts remain unknown.

For further information contact IFJ Asia-Pacific on +612 9333 0919

The IFJ represents 600,000 journalists in 125 countries

Government use court to ban LankaENews

2011-04-28
   Pugoda Magistrate and Additional District Judge Mr. Aravinda Perera today ordered the Telecommunication Regulatory Commission to take measures to ban LankaeNews website in Sri Lanka.

The magistrate made the order when the case against LanaeNews journalist Mr. Shantha Wijesuriya was taken for the hearing. The ban will be in force until the case against the website in Pugoda magistrate court come to a conclusion.

The magistrate also ordered Mr. Wijesuriya be remanded until 12th May. He was arrested on charges of contempt of court by publishing a report on a case being heard in the Pugoda court.
A UNP MP told LankaNewsWeb that the Rajapaksa regime has used the court to ban the opular website to prevent LankaeNews publishing UN Secretary-General’s Advisory Panel report for Sinhala speaking people.

LNW

Sri Lanka: Court order to arrest Editor of Lanka e-News web site sadaruwan Senadeera

By Muditha Gamage in Colombo
22 April 2011,

Sri Lanka’s Magistrate Court has directed the Police to arrest and produce the controversial Editor of Lanka e-News website sadaruwan Senadeera before the courts on alleged charges of publishing a false web report.

Sadaruwan Senadeera who had fled to Britain after saying he had received death threats, said, this publish report with regard to a matter pending before courts.

The order was issued by the Pugoda Magistrate Aravinda Perera and also he ordered the Police to inform the Telecommunications Regulatory Commission to conduct an inquiry into the matter.

An earlier Sri Lankan court has granted bail to the Bennett Rupasinghe, News editor of LankaeNews who was arrested last month, for allegedly threatening another man.

Lankaenews, cartoonist Prageeth Eknaligoda, also disappeared two days before the January 2010 presidential election.

The office of the Lankaenews in Colombo was burnt down last January by an “unknown group” of people.

- Asian Tribune

Threats and intimidations to e-News and those supporting them since release on bail of News Editor on 7th April 2011

Threatening poster on offcie gate

1. Advice to e-News lawyer Manjula Patthiraja from a friendly police officer that it would not be good for him if he continues to appear for e-News on Friday, 8th April 2011

2. Threatening phone call to lawyer Shiral Lakthilaka (also UNP Provincial Councilor, lawyer who appeared for e-News and who provided office space for e-News after the arson attack) on night of 7th April 2011, the day the e-News news editor was released on bail

3. Threatening notice pasted on the gate of present premises of e-News office (Shiral Lakthilaka’soffice, at 1192/20, Welikadawatte Road, Rajagiriya) This is suspected to have been pasted on night of 7th April 2011, the day the detained news editor of e-News was released in bail. It was discovered on morning of 8th April.

English translation and the actual notice in Sinhalese is below:

Let us carry forward the sacred struggle Based on needs of foreign forces and NGO Tiger agents, Lanka e-News Sinhalese Tigers is provoking anger and hatred amongst patriots by betraying the great victory of the motherland that was achieved at the cost of tens of thousands of lives of patriots.
We have the sacred responsibility of destroying lawyers and NGOs who continue to represent, help, encourage and protect these traitors.
We are ready to destroy these Sinhalese Tigers wherever they happen to be in the nation.
Let us carry forward the sacred struggle

Lanka e-news editor released

Bennet released on bail

Thursday, 07 April 2011 10:35

Lanka e-news editor Bennet Rupasinghe was released on bail a personal bail of Rs. 300,000 and a cash bail of Rs. 10,000 by the Kaduwela Magistrate today. Magistrate, J. de Alwis warned him not to obstruct the police in the process of conducting investigations.

The date for the next hearing is June 7.

Mr. Rupasinghe was arrested by the Wellampitiya police when he was asked to come and give a statement with the police for allegedly threatening a brother of one of the suspects who is in custody over the arson attack on their office in Malabe.

DM

NfR urge the IGP not to oppose bail application of journalist Bennet Rupasinghe and to conduct speedy impartial investigation

Mahinda Balasuriya  Esqr.,
Inspector General of Police,
Police Headquarters,

Colombo 1,
Sri Lanka

Dear Sir,

Arrest and Detention of Mr. Bennet Rupasinghe, News Editor of Lanka-e-news

NfR, Net work of Sri Lanka journalists and human rights defenders in exile would like to bring to your urgent attention to following facts regarding the arrest and continued detention of Mr. Bennet Rupesinghe  a senior journalist and the news editor of Lanka-e-News website.

As you know Mr. Rupesinghe was taken into custody on the morning of 31st March, 2011.  Mr. Rupesinghe had been interrogated  for 3 hours,  particularly regarding phone calls made from and received by him on his mobile phone. According to our information  Mr. Rupesinghe has denied making any threatening calls to anyone, as alleged by the Police.  As a senior journalist and news editor, Mr. Rupesinghe receives and responds to numerous calls throughout the day. He has told his interrogators that he has  no specific recollection of any  suspicious call from a particular number.

Mr. Rupesinghe was refused bail  and remanded by Kaduwela Magistrate till 7th April. He will be produced in the courts tomorrow, 7th April, 2011.  Mr. Rupesinghe is 68 years old, and suffers from diabetes and high blood pressure. According to the information we have, he has been prevented from receiving food from home.
Since the arson attack on the Lanka e-News office on 31st January this year, state controlled media has published numerous and contradictory reports sourced to unnamed police officers saying that the attack was an inside job. Some of those news stories are completely false. Various organisations have cast their doubts  regarding the lack of a credible investigation by the local police into that incident. In this context we would wish to remind that that a the head of the Police Service  it is your duty to ensure  that an impartial and speedy investigation

is carried out  not only on the incident of  arson but also on those misleading media reports as well.  The members of the staff of the website have  expressed fear that there could be a  plan to implicate them as being responsible for that incident.

In the circumstances NfR  wishes to urge you to  direct the  Kaduwela Police not to object to  Mr. Rupasinghe being granted bail

when he is produced before Court tomorrow and to complete the investigation into the allegations against him  as early as possible so that Mr. Rupasinghe could be released without delay.
NfR calls upon you to  ensure that  an independent, impartial and credible investigation is conducted  into the arson attack on the Lanka e-news office in January 2011 and help to win the confidence  the people  in  the  efficiency   and capability   of the Sri Lanka Police.

Yours truly,

NfR Steering committee : Kshama Ranawana ( Canada) Lionel Bopage ( Australia), Nadarasa Sarawanan (Norway), Nadarajah Kuruparan(UK) Padmi Liyanage (Germany), Raveendran Pradeepan (France),

Rudhramoorthy Cheran (Canada), Saman Wagaarachchi ( USA), Sunanda Deshapriya ( Switzerland)

NFR

RSF concerned about new media minister appointment

10 May 2010

SOURCE: Reporters Without Borders

On 5 May 2010, Reporters Without Borders welcomed President Mahinda Rajapaksa’s decision to accept Mervyn Silva’s resignation as deputy media minister after just 13 days in the position. Called an “arsonist” by the press freedom organisation after his appointment, Silva has been named deputy highways minister instead.

Keheliya Rambukwella, a former government spokesman on defence issues, was meanwhile named media minister.

“Rambukwella’s appointment as media minister raises some concerns,” Reporters Without Borders said. “During the offensive against the Tamil Tiger rebels, he waged an often very violent verbal war against journalists, human rights activists and foreign governments that criticised the way civilians were being treated.”

The press freedom organisation added: “We urge Rambukwella to give priority to the case of cartoonist and political reporter Prageeth Eknaligoda, who has been missing for more than 100 days. We also urge the new minister to examine the case of Ruwan Weerakoon, an opposition journalist who has been held since mid-March.”

The new minister should also try to get the security forces to identify those responsible for the murders of Sri Lankan journalists. Referring to leading journalist Lasantha Wickrematunge’s murder, Rambukwella said in February 2009 that he and the president were aware of the identity of the murderers and would make the facts known on 15 February. No names were released and there has been no significant progress in the investigation since then.

A journalist told Reporters Without Borders that Rambukwella threatened him during a telephone call after a report about a military offensive in the Muttur region at the end of 2005. “He did not like the fact that I had interviewed a Tamil Tiger representative,” the journalist said. “A military intelligence officer came to my home a few days later and then, a few months later, I was kidnapped in Colombo.”

Rambukwella said in a June 2009 interview that the government had proof that journalists were being paid by the Tamil Tiger rebels to support their activities.

Another Colombo-based journalist said Rambukwella was known for readily giving comments to the press.

Coinciding with Rambukwella’s appointment, Sandun Jayasekera, a journalist with the Colombo-based “Daily Mirror” was hit by soldiers and was slightly injured on 5 May during a visit by the president to a hospital in the capital.