2 ex-police officers get 10 years jail and fined Rs 50,000 each for torture
Two former Police officers were sentenced to 10 years in prison and fined Rs. 50,000 each, in a retrial by the Negombo High Court (NHC) on Friday (28), after being found guilty of torturing an individual in custody at the Wattala Police Station in 2002.
The victim, W. M. Gerard Mervyn Perera, was murdered in November 2004, while pursuing Legal action against the officers who tortured him.
The Attorney General ( AG) had indicted four accused, Makawitage Suresh Gunasena, Jayasinghe Arachchige Nalin Chandimal, Herath Adikarilage Prasad Dilhara Perera and Herath Mudiyanselage Asela Kumara Herath over the torture case.
Mr Perera, from Gonagaha, had been arrested on or about June 3, 2002, by a team led by Suresh Gunasena, on suspicion of committing a triple murder. The other accused were also part of this team. Gunasena and Herath had been Sub Inspectors at the time, while the other two accused were Constables.
Having been brought to the Wattala Police Station, Mr Perera had been severely tortured. Thereafter, the victim was released on the following day, in the absence of any evidence. However, he suffered serious injuries for which he had sought medical treatment at the hospital for a prolonged period.
The victim filed a violation of Fundamental Rights Application before the Supreme Court (SC), under Article 11 of the Constitution, among other provisions. The SC found the 1st 3 accused guilty under Article 11.
Consequent to the said order, the AG filed indictments in the NHC on September 23, 2003, where the trial concluded with the acquittal of the accused.
However, an appeal was lodged with the Court of Appeal ( CoA). The CoA ordered a retrial. Aggrieved by the said order, the accused appealed to the SC, which affirmed the order of the CoA and sent the case for retrial.
Hence, the retrial in the NHC and the judgement delivered on Friday.
Accordingly, Suresh Gunasena and Nalin Chandimal were found guilty and convicted.
The 3rd accused, Prasad Dilhara Perera, died during the trial, while the 4th accused, Asela Kumara Herath, was acquitted in the absence of evidence to impute liability, under Section 32.
Senior State Counsel Riyaz Bary appeared for the Pprosecution, while Attorney-at-Law Shanaka Ranasinghe appeared for the Defence.