Avant Garde floating armoury case AG instructs actg. IGP to arrest NPC Secretary

By Shehan Chamika Silva  

The Attorney General had instructed the acting IGP to arrest former Additional Secretary of Defence and National Police Commission Secretary D.M. Saman Dissanayake over the offences he had allegedly committed under the firearms ordinance, Explosives Act and the Penal Code in connection with the Avant Garde Maritime Services’ floating armoury case.  

The AG had also instructed to arrest Suspect Damayanthi Jayaratne, who was among the other seven suspects. The AG had instructed the acting IGP to report about the apprehensions before July 19, 2019. Suspect, Saman Dissanayake had filed an anticipatory bail application in Fort Magistrate’s Court recently seeking to prevent his imminent arrest but it was rejected by the Court.  

Earlier the suspect, who was initially considered as a suspect among other seven by the prosecution in the magisterial inquiry conducted at the Galle Magistrate’s Court (B 44146/15), had earlier filed five FR petitions in the Supreme Court seeking a prevention order against his possible arrest over the incident.  

However, according to coordinating officer to the AG, SC Nishara Jayaratne, the Supreme Court on July 4, 2019 had rejected those FR petitions of the suspects, and consequently the AG had observed that there was no legal bar now to arrest those five suspects immediately with regard to the alleged offences.  Other suspects are Nissanka Senadipathi, Palitha Fernando, K.B.A. Egodawela, V. N. Diyabalanage, P. D. Premachandra and Victor Samaraweera.  

The AG has considered that the all these suspects have violated the sections 22(1), 22(3) - for the possession of guns, under firearms ordinance and violated Sections 9(2), 27(1) - licences and permits relating to explosives.  

Apart from the above charges, the AG had considered sections 189,190 of the Penal Code against suspects D.M.S. Dissanayake, P. D. Premachandra and Nissanka Senadipathi over fabricating false evidence over the incident.   

• no legal bar now to arrest those five suspects immediately
• all suspects have violated the law

NPC Secretary denied anticipatory bail

By T. Farook Thajudeen 

Colombo Fort Magistrate yesterday refused to grant anticipatory bail to National Police Commission Secretary Saman Dissanayake. Fort Magistrate Ranga Dissanayake overruling the request of Mr. Dissanayake said that the court does not have the jurisdiction to grant anticipatory bail to him as the matter is before the Galle Magistrate Court. 

Therefore granting anticipatory bail is within the purview of the Galle Magistrate.   

He further underscored the fact that the allegations made against Mr. Dissanayake comes under the Firearms Act and the Magistrate does not have power to grant anticipatory bail although granting bail to the suspect is within the authority of the High Court in dismissing the application. 

 
Mr. Dissanayake had filed this anticipatory bail application in the Fort Magistrate’s Court seeking the prevention of his arrest over the Avant Garde illegal floating armoury. The Attorney General had instructed the Acting Police Chief to arrest Dissanayake along with seven others over the case.   

• Violation of firearms ordinance
• Eight more have been charged

 The Attorney General has ordered the Acting IGP to take into custody eight suspects for committing offences under the Firearms Ordinance and on alleged charges of conspiracy and aiding and abetting with the Avant Garde Maritime Services Chairman Nissanka Yapa Senadhipathi retired Army Major Generals Palitha Fernando K.A. Egodawela, retired Air Vice Marshal P. B. Premachandra, Retired Commodore Vishwajith Nandana Diyabalanage, former Senior Assistant Secretaries of the Ministry of Defence Damayanthi Jayaratne, Saman Dissanayake and former Chairman of Rakna Lanka Security Company Percy Victor Samaraweera in connection with operating an illegal floating armoury in the Galle Port.