Wasantha Mudalige discharged from all charges Evidence has been created to misuse PTA against Wasantha, Magistrate says

Pic by Nimalsiri Edirisinghe 

• Chief Magistrate Prasanna Alwis held that charges levelled under section  2 and 3 of the PTA are not applicable to Wasantha Mudalige

By Lakmal Sooriyagoda  

In a historic order, the Colombo Chief Magistrate yesterday ordered to release Convener of Inter University Students’ Federation (IUSF) Wasantha Mudalige from a case filed for allegedly committing offences under Prevention of Terrorism Act (PTA).   

He was ordered to be released from the case after spending five months in incarceration.   

Wasantha Mudalige was arrested on 18th August, 2022 under the PTA for 90 days under a Detention Order issued by President Ranil Wickremesinghe in his capacity as the Minister of Defence.  

After evaluating the evidence presented under PTA, Chief Magistrate Prasanna Alwis held that charges levelled under section 2 and 3 of the PTA are not applicable to Wasantha Mudalige. The Magistrate further observed there is no evidence to support that Wasantha Mudalige had been involved in terrorist activities as alleged by the prosecution. The Chief Magistrate further alleged that the prosecution has created evidence to misuse the provisions of PTA with the motive of keeping the suspect behind bars for a long period of time.  

The Chief Magistrate stated that the prosecution had heavily relied on the statements given by Chairman of Private Bus Owners’ Association Gemunu Wijeratne and YouTube content creator Samantha Piyumal Samarasinghe alias Motivation Appachchi. Motivation Appachchi, a prominent figure at the Aragalaya site had given a statement to TID stating that the peaceful Aragalaya got violent due to violence-prone elements such as Frontline Socialist Party and Inter-University Students’ Federation.  

Gemunu Wijeratne had stated to police that Wasantha Mudalige had asked for buses to transport protesters, during the Aragalaya time and Wasantha Mudalige had received funds from a foreign terrorist.  

The Chief Magistrate observed that the prosecution has failed to prove that a terrorist organisation had granted financial assistance to the suspect.  

President’s Counsel Saliya Pieris, Senior Counsel Gunaratne Wanninayake, Nuwan Bopage and a group of lawyers appeared for Wasantha Mudalige. Senior Deputy Solicitor General Dileepa Pieris with State Counsel Shaminda Wickrema appeared for the Attorney General.