Sale's suicide attempt is ridiculed in court as 'a drama by lawyers'

The court hearing regarding former Head of State Intelligence Service, retired Army Major General Suresh Salley, who is currently detained and questioned on the orders of the Secretary of Defence in connection with the series of suicide terrorist attacks launched on Easter Sunday, took a very heated turn yesterday at the Colombo Fort Magistrate's Court. During the proceedings, a very sharp exchange of arguments took place between the defence lawyers and the prosecution lawyers regarding the suspect's current mental health condition and the alleged inhumane torture he has faced while in CID custody.

All these matters were brought before the court through a special motion filed by the suspect's party for this case, which was called before Fort Magistrate Mr. Pasan Amarasena. For this occasion, a group of officers investigating the incident, including the Director of the CID, Deputy Inspector General of Police Mr. Shani Abeysekera, also appeared in court as per the court's summons.

President's Counsel Shavendra Fernando, appearing for the suspect Mr. Suresh Salley, stated that his client has been thoroughly examined by a medical board consisting of five specialist psychiatrists. These examinations were conducted according to an order given by the preceding Magistrate on March 24th, focusing on his mental, nutritional, and ocular conditions. According to these medical reports, the lawyer pointed out that the suspect is currently suffering from severe mental stress, depression, and post-traumatic stress disorder. He emphasized that the court should take action to provide him with necessary medical treatment and create a safe environment conducive to his mental health under sections 9B(3), 9B(4), and 9B(5) of the Prevention of Terrorism Act.

The defence lawyer further made a serious accusation, stating that his client, who is detained at the Criminal Investigation Department, has been subjected to cruel torture and inhumane, degrading treatment. He informed the court that his client had no such mental or physical disabilities before being taken into CID custody, and due to the inhumane acts that occurred after his arrest, he is currently at a high risk of suicide. The lawyer stated that these tortures are clearly mentioned in seven places in the medical report and revealed that the suspect himself told the doctors that he was ordered to strip and spread his legs before being beaten. It was also stated in court that the suspect questioned, 'Am I an animal?' Furthermore, it was revealed that his wife had sent an email to the Senior Deputy Inspector General of Police in charge of the CID, requesting that the data from the CCTV cameras installed in the area where the suspect is detained be preserved.

Responding to these serious allegations, Additional Solicitor General, President's Counsel Dilipa Peiris, appearing for the prosecution, vehemently rejected those claims. He questioned whether an officer with military training, who had controlled and directed eight suicide bombers for a long period of about three years, and who had served as the Director of State Intelligence and Director of National Intelligence, could be so easily broken mentally. The Additional Solicitor General sarcastically stated that this suspect is engaged in an extremely skilled performance using the court as a stage, and that he should be given an 'Oscar' award for being able to deceive even specialist psychiatrists.

Mr. Dilipa Peiris further pointed out to the court that the suspect's family members, namely his wife and son, as well as his lawyers, have been given the opportunity to visit him every week since February 25th, when he was detained under detention orders and questioned. He also presented a report with evidence to the court stating that he was even provided with necessary snacks, milk packets, and various types of rice. He further accused that such a motion, alleging torture, was suddenly filed with the ulterior motive of gaining undue sympathy for a writ petition filed in the Court of Appeal. The prosecution stated that the suspect cries when facts that had been suppressed resurface with the receipt of reports related to the Ahungalla hotel incident, and that he should cry before the court, not before a doctor. Although the suspect claimed to have forgotten even his mobile phone passwords, it was emphasized that investigating officers have found data on his laptop and devices. Mr. Peiris also reminded that Mr. Shani Abeysekera, despite being remanded for ten months and visiting doctors twenty-nine times, did not engage in such performances.

At this juncture, President's Counsel Rienzie Arsecularatne, representing His Eminence Malcolm Cardinal Ranjith, Archbishop of Colombo, who appeared in court on behalf of the rights of those who died and were injured as victims of the Easter attacks, also expressed his views. He stated that six years ago, thousands of innocent people shed tears due to the attacks targeting Catholic churches and star hotels on Easter Sunday. He pointed out that it is not surprising that those who caused people to cry then, and who never thought they would be arrested, are now crying after being arrested six years later. He requested the court to reject the arguments put forth by the defence, stating that it is a natural condition for any suspect in CID custody or under arrest to experience some mental stress and to express such matters before doctors, and that it should not be considered a special circumstance.

Responding again to the arguments of the prosecution lawyers, President's Counsel Shavendra Fernando emphasized that he is not using these medical reports for any conspiracy or to gain undue advantage. He argued that the medical decisions provided by an independent board of five specialist psychiatrists cannot be said to be false, and that he received these reports on May twenty-first, while the motion was filed yesterday. He stated that there might be other individuals in this courtroom who deserve an Oscar award, and also expressed that public trust in the ongoing investigation process has diminished to the extent of not even a speck of a mustard seed.

Fort Magistrate Mr. Pasan Amarasena, having paid close attention to all these facts and arguments presented at great length and with a heated demeanor by both parties, announced in open court that the order regarding the motion filed by the defence and the related requests would be pronounced on the upcoming June 10th, and also ordered the prosecution to be recalled on that day.