Wednesday, 8 September 2004  
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Duminda Silva further remanded: 

Blue film among video tapes

by Sarath Malalasekera

Acting Colombo Chief Magistrate Wikum A. Kaluarachchi yesterday allowed an application by Sub-Inspector W.T.G. Wijesena, OIC, Special Investigation Unit of the National Child Protection Authority (NCPA) to question UNP Western Provincial Councillor Duminda Silva regarding a 'blue film' found among the 34 video tapes which were taken into custody by officials of the NCPA from the residence of Duminda Silva, currently in remand for the alleged rape of an underage girl.

The video tapes were taken into custody from the suspect's residence in Pelawatte by the National Child Protection Authority during a search conducted following a court order.

SI Wijesena said that they did not find any video tapes relating to the victim girl. The Magistrate said that he would forward the submissions made by SI Wijesena of NCPA and President's Counsel Daya Perera, Senior Counsel for the suspect, before the Colombo Chief Magistrate and Additional District Judge Sarojini Kusala Weerawardena for an order regarding the bail application in respect of the suspect, Provincial Council Member Duminda Silva and remanded the suspect till September 21.

Earlier Judge Weerawardena allowed an application by Sub Inspector W.T.G. Wijesena, of the National Child Protection Authority, to view the video tape recovered from the residence of the suspect in Pelawatte. The court directed the video tape should be viewed in the presence of the Court Registrar.

President's Counsel Daya Perera submitted to court that the NCPA report before court as the basis for requesting a warrant from court reveals four separate instances of incidents complained of by the victim against the suspect Duminda Silva.

There are complaints relating to an alleged incident that had taken place on May 18, 2002 at Thalawathugoda; an alleged incident that had taken place in mid July 2003 at a Hotel in Mount Lavinia; an incident relating to the victim's father on August 6, 2004 at Bambalapitiya and a complaint of an attempt to molest the victim on an unknown date at Thalawathugoda.

The last complaint relating to Thalawathugoda had not been inquired up to-date. The other complaints mentioned in the 'B' report filed before court are matters that have already been gone into by the respective Magistrates, the Senior Defence Counsel said.

Considering submissions made by NCPA authorities earlier, the Judge directed 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 SI Wijesena of the NCPA Special Investigation Unit filed a report in connection with the complaint made by the 13-year-old victim on August 6.

President's Counsel Daya Perera with Nalin Ladduwahetty with U.L.G. Bandara, Jeevantha Jayathillake, Sudath Perera, Deshan Hewavitharana, Namal Perera, Miss U.M.P.M. Madumalee, Aruna Wickremasinghe and Mahee Wijeweera instructed by Sudath Perera Associates appeared for the suspect. SI W.T.G. Wijesena with SI Indrani Abeygunasekera of the NCPA appeared for the prosecution.

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