Ali Roshan, six others released (Sri Lanka)

ST
Save The Elephants News Service
Fri, Mar 8, 2019 3:22 PM

Ali Roshan, six others released (Sri Lanka)
Lakmal Sooriyagoda, The Daily News
March 7, 2019

See link
http://www.dailynews.lk/2019/03/07/law-order/179596/ali-roshan-six-others-released
for photo.

While accepting preliminary objections raised by defence, Colombo Permanent
High Court yesterday ordered to release Samarappulige Niraj Roshan alias
Ali Roshan and six others from the case filed against them for allegedly
keeping four elephants in their possession without valid permits.

The Trial-at-Bar Bench comprising High Court Judges Sampath Abeykoon
(President), Sampath Wijeratne and Champa Janaki Rajaratne decided to
reject the indictments filed by Attorney General citing that the Permanent
High Court has no jurisdiction to hear this case.

The defence contended that Permanent High Court has no jurisdiction to hear
this case since it had been filed under Section 27 of Fauna and Flora
Ordinance and section 5(3) of the Public Property Act.

However, the Permanent High Court observed that the magisterial inquiry
against the accused will be continued and they will have to abide by the
bail conditions imposed by Magistrate’s court.

Meanwhile, Senior State Counsel Janaka Bandara appearing for the Attorney
General informed court that the Attorney General would file fresh
indictments against accused in another High Court. At a previous occasion,
the court had served indictments on seven accused including two wildlife
officers.

The Attorney General had filed indictments against Samarappulige Niraj
Roshan, Wildlife Officers Upali Padmasiri and Priyanka Sanjeewani, Gihan
Dhammika, Chandana Kumara, S. Gamlath and Gamage Jayalath for conspiring to
possess four elephants without permits between June 5, 2012 and August 31,
2015.

They have been charged under 24 counts for violating the provisions of
Fauna and Flora Ordinance and Public Property Act.

It is alleged that the first accused Samarappulige Niraj Roshan alias Ali
Roshan was the mastermind behind the racket where illegally caught wild
elephant calves being sold to third parties.

The Attorney General has listed 15 items as production items and named 30
individuals including two veterinary surgeons of the Wildlife Department
and two professors of the Peradeniya University Veterinary Department as
witnesses.

Senior State Counsel Janaka Bandara appeared for the Attorney General.

President’s Counsel Anuja Premaratne with counsel Ajith Pathirana appeared
for the defence.

http://www.dailynews.lk/2019/03/07/law-order/179596/ali-roshan-six-others-released


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Ali Roshan, six others released (Sri Lanka) Lakmal Sooriyagoda, The Daily News March 7, 2019 See link <http://www.dailynews.lk/2019/03/07/law-order/179596/ali-roshan-six-others-released> for photo. While accepting preliminary objections raised by defence, Colombo Permanent High Court yesterday ordered to release Samarappulige Niraj Roshan alias Ali Roshan and six others from the case filed against them for allegedly keeping four elephants in their possession without valid permits. The Trial-at-Bar Bench comprising High Court Judges Sampath Abeykoon (President), Sampath Wijeratne and Champa Janaki Rajaratne decided to reject the indictments filed by Attorney General citing that the Permanent High Court has no jurisdiction to hear this case. The defence contended that Permanent High Court has no jurisdiction to hear this case since it had been filed under Section 27 of Fauna and Flora Ordinance and section 5(3) of the Public Property Act. However, the Permanent High Court observed that the magisterial inquiry against the accused will be continued and they will have to abide by the bail conditions imposed by Magistrate’s court. Meanwhile, Senior State Counsel Janaka Bandara appearing for the Attorney General informed court that the Attorney General would file fresh indictments against accused in another High Court. At a previous occasion, the court had served indictments on seven accused including two wildlife officers. The Attorney General had filed indictments against Samarappulige Niraj Roshan, Wildlife Officers Upali Padmasiri and Priyanka Sanjeewani, Gihan Dhammika, Chandana Kumara, S. Gamlath and Gamage Jayalath for conspiring to possess four elephants without permits between June 5, 2012 and August 31, 2015. They have been charged under 24 counts for violating the provisions of Fauna and Flora Ordinance and Public Property Act. It is alleged that the first accused Samarappulige Niraj Roshan alias Ali Roshan was the mastermind behind the racket where illegally caught wild elephant calves being sold to third parties. The Attorney General has listed 15 items as production items and named 30 individuals including two veterinary surgeons of the Wildlife Department and two professors of the Peradeniya University Veterinary Department as witnesses. Senior State Counsel Janaka Bandara appeared for the Attorney General. President’s Counsel Anuja Premaratne with counsel Ajith Pathirana appeared for the defence. http://www.dailynews.lk/2019/03/07/law-order/179596/ali-roshan-six-others-released ------------------------------------- This news service is provided by Save the Elephants. For further information on elephants please see Save the Elephants' web site at http://www.savetheelephants.org ------------------------------------- Disclaimer: Please note that we cannot guarantee the accuracy of any news story. In addition, we do not endorse any of the views expressed therein. We simply try to represent fairly what is in the media on elephants. If a reader finds inaccuracies in an article, we are happy to circulate corrections, if these can be verified. -------------- *Recipients: You can manage your own subscriptions, including unsubscribing, subscribing, and changing your email address, all by clicking on the appropriate listserv link below. Also, if you feel you are receiving too many emails, you can sign up for the 'Daily Digest' option. Note that archived news stories are linked to at the top of each page.* African Elephant News: http://elephantnews.org/mailman/listinfo/african-elephant_elephantnews.org Asian Elephant News: http://elephantnews.org/mailman/listinfo/asian-elephant_elephantnews.org All Scientific Papers: http://elephantnews.org/mailman/listinfo/allpapers_elephantnews.org