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| Friday, 13 August 2004 |
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by Sarath Malalasekera Colombo Chief Magistrate and Additional District Judge Ms. Sarojini Kusala Weerawardane yesterday refused an application for bail in respect of UNP Provincial Council Member Duminda Silva wanted in connection with the alleged rape of an underage girl and remanded him till August 23. Silva surrendered to court yesterday at 11.45 am through his lawyers led by Nalin Ladduwahetty. Ladduwahetty, senior counsel for Silva, moving for bail submitted to court that his client had been acquitted by the Kaduwela Magistrate Court for the same offence about six months ago. Therefore he should not be remanded in this case, he said. At this stage, the Judge observed that the acquittal in Kaduwela Magistrate Court case is not relevant for this case. Ladduwahetty quoting several authorities said this is a bailable offence. The complaint made to the National Child Protection Authority (NCPA) is completely false. The parents of the child in question knew that his client had an affair with the eldest daughter. Answering the Judge, Senior Counsel said that they were not married but had lived together since 2002. On several occasions his client and the eldest daughter had problems and a number of complaints had been made to several police stations. In his lengthy submission Ladduwahetty said that on November 29, 2002, Roger Silva, father of the Child, made a complaint to the Athurugiriya police stating that Silva had kidnapped his eldest daughter. But investigations revealed that Silva had not committed any offence. This is the first false complaint made by the father of the child against Silva, the Senior Counsel added. After submissions by the Senior Counsel the Judge observed that the victim had no reasons to make a malicious complaint. When she made the complaint she knew that it will affect her future career. Therefore, the court has to consider whether she made a false complaint. Refusing the application for bail the Judge said that the family members have received a number of threats. Ladduwahetty with U.L.G. Bandara, Namal Perera, Miss U.M.P.M. Madumalee and Mahee Wijeweera appeared for the suspect. Earlier the Judge on an application by National Child Protection Authority (NCPA) directed the Immigration and Emigration Controller not to allow the suspect to leave the country. Considering the submissions made by the NCPA authorities the Judge directed the Police to provide maximum security for the victim as there had been several death threats to the girl and her family members. On the last hearing date Inspector W.T.D. Wijesena of the NCPA Special Investigation Unit filing a report in connection with the complaint made by the 13 year old victim on August 6 said that the suspect is alleged to have raped her on several occasions. Police Investigation are directed by Colombo DIG Sirisena Herath and conducted by Chief Inspector Ananda Kumarasiri, OIC, Bambalapitiya Police. |
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