A lesson in Law from PC of the Police to the PC of the Courts 

Aug 18, 2017

On the 16th of this month, as summoned by the CID, Yoshitha Rajapakse son of former President Mahinda Rajapakse accompanied by his President Counsel Jayantha Weerasinghe had come to the headquarters of the Criminal Investigation Department to record a statement. A person so summoned to the Criminal Investigation Department has the right to bring along a lawyer which the Police cannot obstruct.

The person assigned to record the statement of Yoshitha was a GCE Ordinary Level qualified Police Constable (PC) from the Criminal Investigation Department who has learnt law from the Police Department.

During the course of questioning Yoshitha, the learned President Counsel (PC) who had come along with Yoshitha has repeatedly interrupted the questioning by the Police Constable who being irritated has objected.However in order to impress his wide knowledge of law the President Counsel quoting an Indian Court decision has stated that at any level of investigation the lawyer of a suspect has the right do so. Replying in his ordinary knowledge of the law the Police Constable has replied that according to his knowledge the decision of the Indian Court cited by the President Counsel, if to be absorbed into our law has first to be passed by an Act in Parliament thereafter it has to be approved by the Executive and made enforceable through the Judiciary. As such no Court decision of another country becomes applicable to us. And that we are bound by the clauses of the Criminal Code of Justice and any addition to our existing laws should come from the Supreme Court. Subsequent to the splendid reply by the Police Constable the learned President Counsel had spent rest of his time in silence.

At the end of the questioning of Yoshitha Rajapakse the President Counsel has stated that he needed to read the statement signed by Yoshitha. When the Police Constable refused he has retorted ‘why cannot I do so? Madam Shiranthi signed her statement after I read and approved it”. The Constable has replied ‘Madam Shiranthi’s sinhala is poor which we were aware of, but Mr.Yoshitha’s sinhala is very good and that he had signed having gone through his statement over and over again, Yoshita very loudly had said so others could hear “no, no, my Sinhala is very good and what has been written is what I said”

Previous day when Mrs.Shiranthi Rajapakse accompanied by the same President Counsel Jayantha Weerasinghe had come to make a statement, the President Counsel had loudly said for others around to hear, ‘Madam,no sooner our next government comes to power the Police and the Judiaciary should be made independent, to the amusement of the Police Officers and Officials present being reminded of how Chief Justice Shiranee Bandaranayake was kicked out and family friend MohanPeiris made Chief Justice.

On another occasion during a questioning President Counsel Jayantha Weerasinghe has told the Inquiring Officer “I am a Senior President Counsel and I could bring along a Junior Counsel”. The Inquiring Officer has replied citing Clause 110(2) of the Criminal Procedure Code that it states only one Lawyer could be allowed, and does not specify a President Counsel and his Junior Counsel.