The order regarding the preliminary objections raised by Samarappulige Niraj Roshan, alias ‘Ali Roshan’, and six others over criminal proceedings filed against them for allegedly keeping four elephants in their possession without valid permits, was yesterday fixed for March 7 by the Colombo Permanent High Court.
When the case came up before the Trial-at-Bar bench comprising High Court Judges Sampath Abeykoon (President), Sampath Wijeratne and Champa Janaki Rajaratne; Senior State Counsel Janaka Bandara, appearing for the Attorney General; replied to the preliminary objections raised by the defence.
The defence had raised preliminary objections complaining that Permanent High Court has no jurisdiction to hear this case.
SSC Bandara submitted to court that it has jurisdiction to hear offences that come under section 5(3) of the Public Property Act in terms of section 12(a) of the Judicature (Amendment) Act, No. 9 of 2018. He further argued that the indictments had been instituted in the Permanent High Court at Bar following an order issued by the Chief Justice in accordance with section 4(b) of the Judicature (Amendment) Act, No. 9 of 2018.
He further told that the Attorney General decided to initiate criminal proceedings against the accused taking into consideration the gravity and impact on the state since accused had involved in elephant trafficking where four elephants could be valued over Rs.22.5 million.
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 were sold to third parties.
from daily news