Sri Lankan refused bail

National, Normal


A SRI Lankan man, who was arrested recently on three separate charges by police, was refused bail by the Boroko District Court last Friday.
Handun Sivanka De’silva, 44, of Colombo, Sri Lanka, was arrested last Wednesday and was locked up at Boroko police station for two days and appeared in court last Friday.
He was charged under section 16 sub-section 1(A) of the Immigration Act for remaining in the country without a valid entry visa and two other charges of discharging a firearm and threatening to discharge a firearm,
contrary to sections 59 and 61 of the Firearms Act.
Michael Wilson of Warner Shand Lawyers defended De’silva, who pleaded not guilty to all the three charges.
Mr Wilson also submitted a bail application to discharge his client from custody but was refused when the court found that the accused had breached a previous bail condition that was imposed on him on other charges.
Mr Wilson insisted that the firearm charge laid against his client was not proper, saying that the firearm used was a licenced firearm
He also submitted that his client was trying to defend himself when some drunkards blocked the driveway at his home.
The counsel said no one was hurt or injured at the time.
Mr Wilson argued that there was no legal basis of the charges imposed on his client and, therefore, bail should be issued pending the trial.
However, the State prosecutor submitted that De’silva was out on a K1,000 bail on some earlier charges and while under the bail condition, he committed the offence.
He said the earlier charges related to procession of pornographic materials and the matter was still pending in court while he committed the new offences.
The prosecutor maintained that the accused was a managing director of a company known as Sea Eagle Agency and his work permit was withdrawn when the company was de-registered.
He submitted that according to section 9 of the Bail Act, the accused had breached bail
conditions and, therefore, he be remanded in custody.
Magistrate Danny Pura accepted the prosecutor’s submission and refused the bail.
He adjourned the matter to Oct 16 for trial.