Aloysius barred from taking lawyer to CID

Published : 12:14 am  January 11, 2019 | No comments so far |  | 

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By Shehan Chamika Silva  

Filing a motion in the main inquiry relating to the Bond-scam, the defence counsel yesterday alleged that the CID had not allowed legal representation for suspect Arjun Aloysius when he reported to the CID last Sunday, January 6.  

Appearing on behalf of Arjun Aloysius, Counsel Sajitha Jayawardena said when his client went to the CID to record his presence as directed by the court, he was not allowed to take  his lawyers inside the Unit , thus depriving his right to legal representation.  


Earlier, when the suspects were being enlarged on exceptional bail, the Court imposed a condition on them to report to the CID every Sunday.   


When the Chief Magistrate questioned as to why such representation was required when reporting to the CID, the Counsel said that his client was under a lot of pressure that there could be a fabricated situation that he had intervened with the witnesses which may result in cancelling his bail. And he also said that his client had a language issue in understanding Sinhala documents.  


President’s Counsel Navaratne Bandara also appearing for two lawyers, whose access into the CID were curtailed said that the translation of the Sinhala texts relating to the signing  of documents were done for Aloysius by the other suspect Kasun Palisena on this occasion as his lawyers were not allowed to go in. He said some CID officers had violated section 55 of the Police Ordinance by blocking the entry of lawyers and that it was a humiliation and harassment towards the lawyers.

  
However, when the Magistrate questioned, the Officer who was in charge of that CID unit on that day said there was no previous practice as such to allow lawyers to go in with suspects who come only to sign and report to the CID as per court orders and that he further wanted to consult the director of the CID with regard to the issue that they never confronted before.  


After inquiring from both parties, Colombo Chief Magistrate Lanka Jayaratne said that any person had the right to have legal representation when going into any institution like the Police and that Arjun Aloysius too had that right to take his lawyer inside the CID as his legal representation to assist him when reporting to the CID.   


However, the Magistrate further said such legal representation also has boundaries as those lawyers cannot intervene with the procedural aspects of the CID officers in relation with the inquiry.   

 

Earlier, when the suspects were being enlarged on exceptional bail, the Court imposed a condition on them to report to the CID every Sunday.  

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