Shani to take legal action on IGP,Deshabandu and others

• Demands Rs.1 billion as compensation for the harm caused  to his dignity
• Frivolous proceedings conducted against Abeysekara
• Shani to sue AG, IGP CD Wickremaratne, Senior DIG Western Province Deshabandu Tennakoon, ASP Neville Silva and IP CCD Jagath Nishantha

By Nirmala Kannangara

Former Director CID (Rtd) SSP Shani Abeysekara through his lawyer Attorney-at-Law Manjula Balasooriya has sent letters of demand to the Attorney General, IGP CD Wickremaratne, Senior DIG Western Province Deshabandu Tennakoon, ASP CCD Neville Silva and IP CCD (Unit 1) Jagath Nishantha for wrongfully causing harm to his dignity and abuse of process of court by maliciously instituting legal action against him.

In the letter of demand (LOD) dated October 18, 2023, it states the manner in which the Colombo Crimes Division (CCD) specifically Jagath Nishantha and Neville Silva conducted themselves was an attempt to victimize Abeysekara with clear malicious intentions injuring his dignity and such conduct amounts to an abuse of process of Court. 

In the letter of demand (LOD) dated October 18, 2023, it states the manner in which the Colombo Crimes Division (CCD) specifically Jagath Nishantha and Neville Silva conducted themselves was an attempt to victimize Abeysekara with clear malicious intentions injuring his dignity and such conduct amounts to an abuse of process of Court.
The malicious conduct of the said persons is further demonstrated by the fact that several statements made by Abeysekara had not been forwarded to the Attorney General when the CCD sought the advice of the AG and despite the clear findings of the Court of Appeal, the said persons persisted in harassing Abeysekara and maintaining the frivolous proceedings against him.
The LOD further states that the said persons failed to provide material requested by Abeysekara or refer to such documentation when such would have clearly exonerated him from the allegations. The LOD further states that Abeysekara was aware false complaints had been made with regard to him and on or about June 24, 2020, a police investigation was commenced by Jagath Nishantha, OIC Unit 1 of the CCD.

This in itself was curious, as investigations into alleged misconduct by Police Officers in the course of their duties should be referred to the Special Investigations Unit. The said decision was taken by IGP C. D. Wickramaratne and Senior DIG Western Province Deshabandu Tennakoon, for the purpose of ensuring that the investigation could be manipulated by Deshabandu Tennakoon, who was supervising the CCD.
It further states that in order to concoct these false allegations against him, Jagath Nishantha and ASP Neville Silva have gone to the extent of coercing persons to give statements against him, and the fact that they had been so coerced has been revealed in Court.
Abeysekara was falsely and maliciously accused of having fabricated evidence by introducing a cache of weapons in Mohommed Shiyam murder investigations, and was accordingly accused of having committed offences.

In the LOD it further states, IGP C. D. Wickramaratne and Senior DIG Western Province Deshabandu Tennakoon are also responsible for the violation of Abeysekara’s rights, in as much as the entire course of events were carried out at the behest of them who had hand-picked Jagath Nishantha and Neville Silva to victimize Abeysekara as stated above.
Such responsibility is further evidenced by the fact that the said individuals did not exercise their statutory duties in lawfully and diligently supervising the investigation conducted by the CCD, which should otherwise have been

terminated long prior since it was manifest that Abeysekara was not guilty of any wrongdoing.

Abeysekara’s lawyers have demanded forthwith, and in any event no later than 14 days to make payment of a sum of Rs.1 billion as compensation for the injuries caused to his dignity by the aforesaid parties’ wrongful acts, and the abuse of process of court, failing which Abeysekara has instructed his lawyers to institute all necessary legal action towards protecting his rights.