Alleged assault of PC: MP’s son acquitted

Sandasen MARASINGHE

COLOMBO: Colombo High Court Judge W.A.T. Ratnayake yesterday set aside the order issued by the Magistrate and acquitted Kavinda Heshan Jayawardana, son of MP Dr. Jayalath Jayawardana from causing injuries to a Police official on duty in the vicinity of St. Bridget’s Convent on July 24, 2003.

The Court acquitted him after considering an appeal filed by Jayawardana citing the Officer-in-Charge of Cinnamon Garden Police as the respondent complainant.

Jayawardana was sentenced to nine months rigorous imprisonment by the Magistrate Court on March 16, 2007 for causing injuries to Police Constable Bandara (33589) attached to Cinnamon Garden Police.

The appeal filed before the High Court submitted that K.H. Jayawardana allegedly pasted two posters on the parapet wall of St. Bridget’s Convent, Colombo 7 around 10.30 p.m. with some others who came in two vehicles.

According to the appeal Jayawardana is alleged to have driven off in the vehicle, after the guard of the Convent had torn off the posters in the presence of the Police Constable.

Thereafter, Jayawardana is alleged to have assaulted PC Bandara abusing him in foul language.

According to the appeal, the OIC of the Cinnamon Garden Police filed a case before the Magistrate Court on three counts. The Court convicted him with the third count of causing injuries to a Police personnel on duty.

The appeal stated that no positive identification of Jayawardana was made by PC Bandara at the time of the incident or at the identification parade except for a named identification based on hearsay and the dock identification in the Magistrate’s Court four years later so that Jayawardana pleaded to set aside the order issued by the Magistrate’s Court. President’s Counsel Faisz Musthapha and attorney Suranga Bandara appeared for Jayawardana.