Counsel for the Swiss Embassy staffer who was allegedly abducted, Upul Kumarapperuma, yesterday told the Colombo Chief Magistrate that the news media coverage of the case included a campaign against the alleged victim and the lawyers appearing for the alleged victim. Counsel Upul Kumarapperuma further claimed that several people had made false statements regarding the incident. “Several people have made statements regarding the alleged incident during media briefings and they have allegedly made threats against the Attorneys who were appearing on behalf of the alleged victim. It’s an insult to the legal professionals,” Kumarapperuma said.
After taking the facts into consideration, the Chief Magistrate ordered the police to conduct an investigation regarding the alleged incident if such an incident had occurred. The Magistrate also instructed the Counsel to tender specific materials with the complaint.
Colombo Chief Magistrate Lanka Jayarathne yesterday further extended the travel ban imposed on Swiss Embassy employee Garliar Barister Francis, who was allegedly threatened and kidnapped by a group of unidentified men, from leaving the country till December 17.
When the case was taken up before the Magistrate’s Court, Senior State Counsel Janaka Bandara, appearing on behalf of the Criminal Investigations Department, informed court that the alleged victim has been produced before a forensic psychiatrist for a medical examination regarding her physical and mental health condition.
Counsel Bandara further stated that the forensic psychiatrist has suggested that the alleged victim should undergo a mental health examination before a panel of psychiatric consultants. Bandara pleaded court to issue an order directing the Chief Judicial Medical Officer to refer the alleged victim before a panel of psychiatric consultants. He proposed that the forensic physiatrist examination could be done either yesterday itself (12th) or today (13th).
The Senior State Counsel also told court that the CID had not concluded recording statements from the victim and that she has been summoned before the CID today as well to record further statements regarding the alleged incident. Bandara added that CID has already recorded statements from the alleged victim for three days.
The Magistrate issued an order directing the Chief Judicial Medical Officer to refer the alleged victim before a panel of psychiatric consultants.
Counsel Upul Kumarapperuma, appearing for the alleged victim, moved court that the CID be allowed to record statements from his client at the residence of the Swizz embassy because of her sick condition. In reply, the Chief Magistrate observed that the court would not interfere with the CID’s normal investigation procedure and thereby rejected the request. The Chief Magistrate further observed that the Swiss Ambassador’s residence is a territory belonging to another state and issues will arise as to how Sri Lankan law could be applied within that territory.
The Magistrate observed that a Magistrate cannot issue such orders for the Criminal Investigations Department.
The Magistrate also ordered the Judicial Medical Officer to submit all the medical reports pertaining to the victim before the court on the next call date.
The Criminal Investigations Department had launched an investigation based on the written information received by the Inspector General of Police C.W. Wickramarathne.
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