29 January 2022 11:07 am Views - 459
HC judge says she has no jurisdiction to grant bail
An application made by defence requesting to release Attorney-at-law Hejaaz Hizbullah on bail has been rejected by Puttalam High Court.
The High Court refused to grant bail to the accused citing it has no power to release the accused on bail under Prevention of Terrorism Act.
Meanwhile, an application made by the Attorney General to amend the indictment against Hejaaz Hizbullah during the trial was refused yesterday by the High Court judge.
The 18-year-old witness in his evidence-in-chief failed to state that Hizbullah visited the Al- Zuhriya Arabic College in August 2018. Instead he said it was “one or two months “ after August.
The Attorney-General then moved to amend the indictment .
However, defense counsel told Court that repeated statements of the witness to the police was clear and specific and the charge was based on it - that Hizbullah visited the college in August 2018.
High Court Judge Kumari Abeyrathne after perusing the statements said that the Attorney General’s department had read the statements before filing the indictment and over-ruled the application to amend the indictment.
The witness also did not say that Hizbullah said anything regarding “attacking Catholics” - the wording which the charge relates to.
At the end of the evidence-in-chief the defense made a request to grant bail to Hizbullah in view of the Court of Appeal settlement between the Attorney General and Defense.
The Attorney General also informed court that they consent to bail.
However, the High Court Judge refused to grant bail citing that she has no jurisdiction to grant bail under the Prevention of Terrorism Act.
Nalinda Indathissa PC with Asith Siriwardena, Hafeel Farisz, Chaminda Athukorale and Dhanushan Kaneshayogan appeared for the two accused .
Deputy Solicitor General Sudarshana De Silva with Senior State Counsel Lakmini Girihagama represented the Attorney General.