Police officers charged with assault in 17-year-old case

Following the conclusion of the trial of a 17-year-old police assault case, five police officers were found guilty of torturing a suspect detained by them. All five were sentenced to seven and a half years rigorous imprisonment and fined Rs.2,000 by the Panadura Preceding High Court Judge and Present Kandy High Court Judge Kusala Weerawardene, who presided over the Panadura High Court to deliver the judgement.

The suspects were each ordered to pay Rs.50,000 as compensation to the victim.

The accused are former OIC of the Panadura Instant Striking Force SI Palagasena Arachchige Asoka Kodituwakku, Sub-inspectors of the unit S.A. Dhammika Luxman, D.M. Dharmasena

The suspect was brought to the Panadura Police, and under extension for several days was manhandled and tortured, resulting in severe eye injuries that led to the loss of sight in one eye

Dissanayake, Sanath Nandana Wijesekara, Sergeant Konaragama Ranjith Saman Kumara and Police Driver R.M. Sanjaya Bandara, who stood indicted under the Torture and Cruelty Act of 1994 with unlawful assembly and torture of Nimal Silva Gunaratne, who had been arrested and detained in July 2000 on suspicion of possessing illegal firearms.

However, Police Driver R.M. Sanjaya Bandara Kumara was acquitted when the prosecution failed to establish charges against him beyond reasonable doubt.

Deputy Solicitor General Dileepa Peiris who made written submissions for the prosecution said the Head of the Panadura Police Instant Striking Unit was then ASP Ranmal Kodituwakku, who carried out a raid and arrested the victim on the charge of possessing a firearm. The suspect was brought to the Panadura Police, and under extension for several days was manhandled and tortured, resulting in severe eye injuries that led to the loss of sight in one eye.

Delivering the sentence, the High Court Judge held that the prosecution had established the charges against the five accused beyond reasonable doubt, securing a conviction against them. The judge remarked that it was surprising that the senior-most officer of the Unit was an accused in the case and it may be that his father was then Inspector General of Police.

State Counsel K.V. Dharshika prosecuted while President’s Counsel Shantha Ranasinghe appeared for the defence.