Former Mattakkuliya OIC acquitted

Wasantha Ramanayake

The Court of Appeal recently acquitted former Mattakkuliya Police OIC who was convicted and sentenced to five years RI for allegedly abducting a person during 89 terror period.

The Bench comprised Justice Sisira de Abrew and Justice Eric Basnayake. Accused-appellant Y.M. Nandiya Ekanayake was charged with abducting a person on September 8, 1989 and was subsequently found guilty. He was sentenced to five years RI together with a fine of Rs. 10,000 in default of which one year's RI.

According to the evidence of the victim's brother a crowd of men had stormed into the victim's house around 12.30 a.m. and abducted him. The witness testified that he had identified the accused present among the crowd and thereafter saw him going to the Mattakkuliya Police Station.

He also said he visited the Police Station the following morning and was told that the victim was not brought him.

The accused later appealed to the Court of Appeal. Dr. Ranjith Fernando, Attorney-at-Law for the accused-appellant submitted that the witness had implicated the accused appellant only after nine years of the incident and that the identification of the accused by the witness was also questionable.

He also submitted that the trial Judge had chosen to disbelieve the witness' evidence in respect of the other accused in case in which he was acquitted.