It is also a serious matter that he was taken into custody under the PTA, which is not being used even against members of the LTTE, he says.
Pathirana stressed these when de Silva was produced before Colombo Fort magistrate Lanka Jayaratne at her home at Athurugiriya last night (25).
However, the magistrate remanded the suspect until November 07.
Government analyst report
When contacted, lawyer Pathirana told Sri Lanka Mirror that the evidence given by the complainant and the government analyst report on the audio are the only evidence against de Silva.
That report makes three points – that the audio had been edited using Auto Cutter software, that the government analyst has no technical equipment to examine audios, and the recording was made on 09 September 2018, whereas the incident happened before that.
According to the no. 14 of 2005 amendments to the evidence ordinance, an audio should be the original, but even the witness admits it to have been edited.
Therefore, the audio cannot be used against de Silva, said the lawyer.
The other important thing is that the audio does not say anything about killing the president or Gotahaya Rajapaksa, and this conspiracy talk is a complete fabrication.
The other evidence submitted against de Silva is the statement by Namal Kumara, who alleges such a conspiracy.
Anyone can say anything, but that should be proven before courts.
Pathirana also said he brought to the attention of the magistrate the credibility of the witness, who had produced faked certificates to join the Air Force and there are other information, which was gathered under the RTI, which will all be produced before courts.
It is a serious wrong to arrest de Silva based on a statement by a person who does not even remember the dates for the incident in question.
Another CID charge is that in the course of investigations into Namal Kumara’s claim that de Silva had plotted to kill ASP Prasanna Alwis, it was found that the location of their phones tallied.
There is nothing secret in that because both Nalaka de Silva and Prasanna Alwis live in the same flat.
Therefore, it is a serious matter that he was arrested under the PTA on that charge, lawyer Pathirana added.