Ekneligoda Case: Former AG must come to the court: Appeals Court decide

(Lanka-e-News-31.May.2012, 3.00PM) The Appeals Court in Colombo heard the case of Prageeth Ekneligoda’s disappearance today, May 31, at 10:00am. The Court gathered to receive an update of the current proceedings at The Magistrate Court in Homagama. The Magistrate had made an order May 17 to summon former Attorney General Mohan Peiris for testimony. Testimony would revolve around a statement he made at the UN Committee Against Torture in Geneva on November 9, 2011 that Prageeth Ekneligoda was alive overseas.

Today the State Counsel from the Attorney General’s Depart requested the Appeals Court to overturn the decision of the Homagama Magistrate to summon Mohan Peiris, on grounds that he made the statement while on government duty within his capacity as senior legal advisor to the cabinet. State Counsel argued that Peiris said that on government orders and officials are not required to disclose communications where “the public interest would suffer.” The State Counsel later argued that Peiris should not be “harassed” for carrying out government instructions. The Appeal Court ruled that the Homagama Magistrate is acting on the instructions of the Appeals Court to hear this case and had the freedom to summon Peiris. The Judge said that Peiris’s testimony should not be “pre-empted” and clarified that being summoned cannot be regarded as harassment. The Appeal Court Judge did point out that there was provision for the Appeals Court to hear a revision application if one is made, but ruled out a second objection from the State Counsel to postpone the scheduled hearing at the Magistrate Court on June 5.
The case will be heard at the Homagama Magistrate on June 5 at 1.30pm and the Appeals Court will gather again on July 23 to hear the Magistrate’s proceedings at 9.30am.