Investigators of the Criminal Investigations Department (CID) probing into the Navy abduction for ransom case is likely to seek a court order in the coming days to elicit a statement from former Assistant Solicitor General (ASG) PC Shavindra Fernando. The CID has been left with little choice as Fernando has continuously dodged them and avoided providing a statement to investigators on three different occasions since April 2019.
“A statement from the former ASG Shavindra Fernando is necessary to verify the statements made by Former Navy Commander Wasantha Karannagoda,” the CID told courts this week.
The Ex-ASG who is currently the Vice President of the Bar Association of Sri Lanka, informed courts on Wednesday (21) that he was not in a position to reveal details in connection to the case, where a group of Navy officers are suspected of abducting 11 youths for ransom between 2008 - 2009. Fernando was the Navy’s Judge Advocate General (JAG) at the time while he was also serving as an Assistant Solicitor General (ASG).
Counsel Nalinda Indatissa PC appearing for Fernando told courts that the former ASG was unable to reveal information on the case covered under ethics of confidentiality and attorney-client privilege provided for in Rule 31 to 38 Supreme Court (Conduct of and Etiquette for Attorneys-at-law) Rules of 1988. Indatissa also claimed that while Fernando was ready to cooperate with the CID, the Navy, his then clients on inquiring had instructed Fernando to not divulge any information on the matter to the CID. Verifications
The Colombo Fort Magistrate, Ranga Dissanayake then instructed an order be issued to the Navy to confirm Fernando’s claim and to verify if the Navy had instructed Fernando to refrain from providing information on the case. Last week Attorney General Dappula De Livera also advised the Criminal Investigations Department (CID) that there was no legal impediment to record a statement from Fernando. Coordinating Secretary to the AG, State Counsel Nishara Jayaratne confirmed that the Attorney General had given investigators the go-ahead to summon Fernando.
Requested
The CID first request Fernando to appear before the CID in April this year. After he failed the present himself, the CID had then taken steps to issue summons to Fernando under Section 109 (6) of the Criminal Procedure Code of 1979 on June 27.
On both occasions, however, Fernando had then written to the Director CID claiming he is unable to provide a statement as being requested, the CID B-report submitted to courts this week noted. A copy of the letter sent by Fernando on June 28 was also forwarded by him to Attorney General Dappula De Livera seeking his instructions. In response on August 8, the AG informed CID that there is no legal impediment to record a statement and under S. 126 (1) of the Evidence Ordinance this matter does not fall under the category of professional communication.
Based on the AG’s instructions the CID then had once again attempted to summon Fernando on August 13, only to be informed by his lawyers through registered post that Fernando was currently abroad and would provide a statement promptly upon his return.
“However, on his return when I contacted him over the phone to request for a new date he informed me that he hopes to make a submission to court through a motion and would provide a statement thereafter,” Investigator IP Nishantha Silva told courts.
According to the CID, Fernando is suspected of covering up for Naval officers involved in the case. The CID had previously accused Fernando of making direct interventions on behalf of suspects in the case. On February 19, 2015, CID Inspector and lead investigator into the Navy abductions case, Nishantha Silva filed a B Report in the Colombo Fort Magistrate’s Court alleging that Fernando, then an Additional Solicitor General and Navy Judge Advocate, made “direct interventions on behalf of individuals who were responsible for abducting persons for ransom and then making these persons disappear was the particular reason why justice has not yet been served to the aggrieved parties in this particular case.” IP Silva stated in the same report that he had kept the then Solicitor General and a Deputy Solicitor General informed of this fact.
Motion
In July 2018, Shavindra Fernando, who had since taken early retirement from the Attorney General’s Department, filed a motion in the Magistrate’s Court seeking to compel the CID to strike the lines that mentioned his name from another B Report filed by the CID in February 2018.
When the motion was taken up in court, Director CID, SSP Shani Abeysekara informed the court that while the criminal investigation into the abduction and murder of the 11 youth was underway, the CID had submitted a detailed report to the Attorney-General and received written instructions to record statements from several Navy officers including Commodore D.K.P. Dassanayake.
When the CID wrote to the Navy to produce the suspects, Abeysekara claimed Shavindra Fernando summoned the CID officers “in his capacity as Additional Solicitor General” and instructed them “not to summon and question” the navy officer, according to the official transcript of the court proceedings.