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Consultant paediatrician acquitted

by Sarath Malalasekera

The Colombo Additional Magistrate N.B.D.N.B. Balalle acquitted Dr. Ivon Anthony N. Fonseka, a Consultant Paediatrician of the Lady Ridgeway Hospital for Children who was charged with criminal negligence, on an application by the Attorney General to withdraw the case before the Court. Earlier when the case was called State Counsel Rohantha Abeysuriya told court that the Attorney General has advised to withdraw the case considering the evidence before Court.

Senior Counsel for the Consultant Upali Gooneratne said that this case would never have been proved and there is no vicarious liability on the part of his client.

Senior Counsel Gooneratne said that he has been informed that the child's parents have agreed to receive in the civil case a sum of Rs. 2 million from the State in settlement of their claim and the parents had also agreed to accept a sum of Rs.1 million as the first instalment.

The Consultant Paediatrician was charged for having between April 7, 1998 and April 11, 1998 at Borella, committed an act so rashly and negligently as to endanger the life or the personal safety of a child while being the Consultant Paediatrician in charge of Ward Two of the LRH failed to duly examine the child and thereby having committed an offence punishable under section 327 of the Penal Code. State Counsel Rohantha Abeysuriya with the Borella Police appeared for the prosecution.

Upali Gooneartne with Sanath Wijewardena and Muhammed Mihal appeared for the Consultant Paediatrician.

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