AG won’t appeal unconstitutional ruling of Sosma Section 13

: The Attorney-General’s Chamber will not appeal against the High Court’s ruling that Section 13 of the Security Offences Act 2012 is unconstitutional, in reference to bail concerning LTTE terror group case.said his deputy public prosecutors would deal with each bail application on its merits and the Court would act as arbiter, as contemplated in the Federal Constitution.

He said the accused was effectively under preventive detention without recourse to a court which a fate similar to those who were detained under the Internal Security Act , 1960. “Ultimately, we must trust the judges to decide in each case when a bail application is made whether to grant or refuse it and in cases where bail is granted, whether to impose any conditions, including the accused being restricted at his home, wearing a monitoring device, reporting daily to the police or any other conditions that the police or DPP may ask,” Thomas said.

“Hence, the charging of the 12 accused for these offences under the Penal Code should not create controversy, particularly, when there are no equivalent laws under which they can be charged. Like in any other case, the burden is on the prosecution to prove beyond reasonable doubt in the ordinary way in an open court that these accused are guilty of these offences,” he said.

Thomas said that this means that the power of a court to hear and determine a bail application by an accused before it, which is a daily occurrence in all our courts handling criminal matters, is removed.

Source: Law Daily Report (lawdailyreport.net)

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