Hearing of the petition filed by Shani Abeysekera’s wife was postponed till 19th this month after it was taken up on an urgent basis today (11).
Court of Appeal Judge Menaka Wijesundera said that she would withdraw from taking the case up as she would not be able to attend the hearing. Therefore, the Court of Appeal ordered that it be called back next week.
The appeal filed by Shani Abeysekera’s wife was scheduled to be called on the 13th and the case was taken up by a motion as it was announced that the appeals scheduled for those dates would be postponed due to the Covid situation.
Shani Abeysekera, who was arrested last August and is in remand custody for nearly 10 months. The appeal filed by him in the Gampaha High Court was also rejected and as a result Mr. Abeysekera has filed this appeal in the Court of Appeal seeking bail.
It was mentioned in the motion filed by Mr. Abeysekara’s wife through Attorney at Law Viran Corea that;
‘This application stands listed for inquiry on 13th May 2021 (with permission granted to the Respondents to file objections (if any) by 07th May 2021 pursuant to Learned Counsel for the Petitioner drawing the attention of Your Lordships’ Court to the need for urgent relief as prayed for when this matter was last taken up on 29th April 2021 and the fact that persistent failure of the Respondents to file take steps or file objections as required despite considerable time given and permitted by court as borne out by the case record;
The Respondents have not filed any objections in respect of this application as permitted, and the Petitioner-Petitioner objects to any application to further delay the determination of this application on the basis of time required to file objections;
In the context of a need for Covid-19 related restrictions on hearings taken up in Your Lordships’ Court, Notice No. 13/2021 has been issued as per the direction of the Hon. President of Your Lordships’ Court stipulating inter alia that cases listed from 06th May 2021 to 13th May 2021 will not be taken up as scheduled and provision has been made therein to hear urgent bail applications on 11th May 2021;
This application is of seminal importance to the health, safety and well-being of the Suspect-Respondent-Respondent and is filed on an urgent basis as more fully averred in paragraph 44 and other paragraphs of the Petition;
There is grave urgency to support this Application to seek reliefs (including interim relief) sought through this application and the Petitioner-Petitioner humbly urges that this is a fit and proper matter to consider as urgent in the circumstances, given the affectation (present and impending) upon the Suspect-Respondent-Respondent’
The appeal filed by Mr. Abeysekera seeking bail in the Gampaha Magistrate’s Court under B 1536/20 was heard in the Gampaha High Court 339/20. Even a Deputy Inspector General of Police has been sentenced to death as a result of the investigations carried out by SSP Shani Abeysekera, who conducted a number of notorious investigations including the Royal Park murder, the Angulana double murder, the Udathalawinna murder, the murder of Mohamed Siyam, the robbery of Rs. 20 million and the Town Hall bomb.
The CID investigated a number of sensitive investigations under his supervision, including the abduction of journalist Prageeth Eknaligoda, the assassination of the editor of Sunday Leader, Lasantha Wickrematunge, the attack on journalist Keith Noyar and former Rivira editor Upali Tennakoon, and the shooting to death of three unarmed civilians in Rathupaswala.
The indictment in the Rathupaswala incident has been filed in the High Court and the trial has commenced. The murder of Wasim Tajuddin, the rugby player’s death which caused a great deal of controversy in the recent past, the bond deal, safe guarding the main killer of Vidya and many other investigations were carried out under the supervision of Mr. Abeysekera. The main suspects in the bond deal were also arrested under the direction of Mr. Abeysekera.